Take Legal Guide of Polygamy & Khula in Pakistan By Lawyer

Polygamy & Khula in Pakistan:

Although a Punjab amendment does allow the “aggrieved party” to file a complaint on polygamy & khula in Pakistan, the rules under the Ordinance apply to the three other provinces require that the Union Council make such a complaint. There is no evidence of any reported incident that in the 36 years since the promulgation of the Ordinance, there was a husband who, in the rare instances that he sought permission for a new marriage, failed to get it. Mostly few bothered. The complaints about contracting polygamous marriages without permission can technically be made, but few find it worthwhile even without khula in Pakistan. In the absence of due consent, the existing wives also become entitled to immediate payment of dower, and it provides a ground for dissolution of marriage. In practice, nothing comes automatically. The Wives still have to go through lengthy court processes to get a dower or khula in Pakistan if they want.

 

Ordinance Provision on Polygamy:

Thus, the Ordinance’s provision on polygamy was little more than a charade to appease the Women’s rights activists of the 1950s. The practice of polygamy is widely instrumental in destroying family harmony, leading to the abandonment and deprivation of women and children, and S a constant source of insecurity for married women. Consequently, the Commission recognizes it’s an obligation when choosing from amongst several possible interpretations of the Holy Quran to act the most in accord with the Islamic spirit of justice and the principle of gender equality.

 

Islamic Point of View:

Thus, to begin to move toward compliance with Quranic injunctions, this Commission feels that Pakistan must, at a minimum, significantly restrict polygamy in the shortened phase it out entirely in the medium to long term. Recommendations: The nikahnama should include a column for the statement of the current marital status of the spouses, their existing partner’s addresses, and the number of children, if any, from the earlier marriages.2. A new marriage should strictly be subject to permission, and the authority for permission should be the family court. Permission should only be granted on the following conditions: a) the existing wife/wives have voluntarily and expressly consented to the additional marriage and details of khula in Pakistan.

 

Concern With Family Court:

The concerned family court should record their statements) the husband should be required to file details of his assets and income. c) The family court should grant the existing wife wives adequate provisions for maintaining their residence and ensure that her/their financial status is not affected by the additional marriage of her/their husband. Provision whereby he must delegate his right of divorce or khula in Pakistan to his existing wife/wives be fixed by the court, keeping in view the parties’ financial status. be where’d) an application made by the husband for an additional marriage should include the husband be liable to pay a dower amount to the existing wife or wives which shall) the grounds for granting permission for an additional marriage should be exclusive. The insanity of the wife is established. The wife is declared physically unfit to have conjugal relations, the parties are issueless, and the wife has been medically declared unable to bear children. In the opinion of two competent medical practitioners, she has no chances of recovery. After Final The Khula in Pakistan Suit, You need to apply For Divorce Certificate Nadra Pakistan

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