My Strategy To Prepare Muslim Law and Jurisprudence - Page 4

Islaw Khan · #31 Thursday, September 08, 2011

[QUOTE=ALI SB;349600]

Quote:

Originally Posted by islah_G

Well my dear bravo,

i m thankful for the tym u gv to my post...

let me clear my stance.

the heading of Khulla as a ground of DMMA is a bit confusing though on my part... u r right here..

Khulla is the right a lady has against husband... Right.

DMMA provides all those grounds upon which a lady can knock the door of the court to get rid of husband... and this process is called KHULLA Dceree grant..

in simple when a women wants to dissolve marriage she has the option of Khulla and that Khulla can awarded to her only if she proves one the above mentioned Grounds..

Dear Bravo Khula is not "Ground" its name of the Tool for dissolution... when a women knocks the court invoking all or any ground mentioned above she is gvn Decree of Dissolution which is called Khulla..

any how there is technical difference... u may take these grounds as "Judicial Divorce/Fasakh) but in Pakistan if u see the things when a wife applies in court it is written Dissolution of Marriage on the basis of Khulla under DMMA under 1939"

practically it is Khulla which is granted to wife once any of the ground mentioned in DMMA 1939 is proved..

PS:
Rahi baat DMG ki to yes i felt ur this comment bravo... DMG group mil jany sa kia ALI perfect bn gya???

and 4/5 marks da k ap nay Ziadti ki ha bravo... i wish apo FPSC k examiner na hun... warna next years sa koi muslim law nai rakhay ga...lolxxx

pleased to read ur comment bravo.... Love and regard <3

Dear Khula is a Kind of divorce......there is a difference in Talaq and Divorce.
Talaq is the exclusive right of Man. which includes Talaq e ahsan, talaq e hasan and talaq al bain.
Divorce simply mean separation of spouses.
Khulla....when the hatred is from female side and Mubaraat when hatred is mutual.
well in Khulla the wife has to give a consideration to the husband for her release from the marriage tie. There need no point of cruelty or anything else from husband side. it is enough if the wife dont like her husband.
Court me jo suite aathay hain wo DMMA 1939 k mutabiq aathay hain, jis me Majority CRUELTY as a ground for separation hoti hay.
well I wish i could be the pattern in cheif of FPSC so that finish all this gambling from CSS. Thats a different issue.

Islaw Khan · #32 Thursday, September 08, 2011

[QUOTE=ALI SB;349604]

Quote:

Originally Posted by islah_G

dear me,

read it ....

Divorce law of Pakistan Talaq and Khula Rules, Laws of Pakistan concerning Muslim marriages

tehsin butt sb is a barrister and leading name in advocates...

u ur self mentioned "DMMA 1939 is providing grounds to a woman to sue her husband for dissoloution of marriage" .. dear is type ki dissolution of marriage ko kia name dain gat ap?????

again u said "Khula, Illa, Zihar and Mubaraat are the kinds of DIvorce." i contradict here too..

Khulla is not kind of Divorce dear... Divorce is related to only Husband in technical sense... Khula is Kind of Dissolution of marriage( and it happens when husband is not willing to announce Divorce.) and not of Divorce...

ur suggestions and comments are awaited dear

Here you saying Khula is not a divorce rather a kind of dissolotion of marriage. Thats what i want to say that Dissolotuion of Marriage and Divorce are same thing, Talaq is from Man side.
well I dont know barrister Tehsin nor i am going to contradict him as he has given Judicial Divorce / Khula as a heading.
He is a lawyer and his website is for those who want to become their clients lol.
I have studied it in a book and am reading Muslim law since BA LLB and CSS exams.
Connect with me through email or Facebook and give me ur address i ll send u a beautiful book of Muslim law and jurisprudence, only available in KPK, i hope u ll like it.

Islaw Khan · #33 Thursday, September 08, 2011

[QUOTE=ALI SB;349624]

Quote:

Originally Posted by islah_G

again i mentioned 'Khulaa -mode of dissolution" and "Right of Khulla under DMMA "

yes dear the right of Khula pakistan man DMMA ka under hi grant hua hay... can u mention the Law for the grant of Khula other than DMMA??? plz do mention so that i may Correct practice in Pakistani courts accordingly wherein Since 1939 , DMMA is used for grant of khulla...

did i mention anywhere that Khulla is Ground under DMMA??????

secondly i mentione dfollowing headings to gv some anaylytical touch to my answer. the examiner now a days doesnt want stero type answer dear.. we r asked for anylytical approach...

Basis of Khula in Islam:

Equality to women and check on husband arbitrary power of talaq and second marriage to sm extant too...

Comparative study of right of Khula to muslim woman vs ither religions: other religion never granted such prestige and status to a lady... islam provided this right..

Drawbaks in DMMA 1939: under Islamic Shariah the Qazi has to order the husband to pronounce Talaq to lady in court so that she may be released from marriage bond.. but in Pakistan, its the court which orders the Divorce even in the absence of husband... this approach is entorely against shariah... the solution is that the court issue warrants of husband to bring him into court or attach his property and make him bound to appear and pronounce talaq... this is the basic drawbak..u know he who binds the knot of marriage , he can only un-knot it.. so judge cant pronounce Talaq to a wife petitioner.. Judge must order the husband to pronounce...

this was the point for which i added this heading bravo... and i dont think so k kissi guide man apko ye analytical ans milay ga...

even then what ever i felt about ur remarks about my DMG, i have no Ill feelings now Bravo...

Calm n Cool

Well your whole reply revovles around Khgula and DMMA,
You said analytical approach chalta hay CSS me, I am sure Ironically kaha ye ap ne.
2008 CSS me me ne Analytical approach chalaya, to the point, no heading wedding every answer in paragraph style and I got only passing marks couldnt get allocation.
2010 me waheee Bakwaas patteren apnaya me ne kaam ki baat kam awr fazoool ki headings ziada awr buhut xabrdsast marks ley.......ye hay FPSC.
Ik taraf pol science waaaloo ko mar daitha hay to dosri tarf journalism socilogy islamic histories ko marks deta hay......ye hay FPSC.......i told u already that its a different issue choorr do isko.
well my comments were without harsh feelings dear u are my brother, but i was shocked.

ALI SB · #34 Thursday, September 08, 2011

Quote:

Originally Posted by Anum86anu

IN lAW PAPERS, WE HV TO WRITE WHAT IS ASKED . WE DONT NEED TO WAVER OR TO WRITE impertinent points.
Grounds for Dissolution of Marriage a/c 1939 act means we have to focus on Just Grounds after intro rather to write unimportant material in answer.

And Ali SB, I dont want to b contentious for letting my self prove my point. it's better that one should admit one's mistake.

Respected member,

Hazrat Ali(RA) ka saying hay k jb kissi sa aihsan karo to yeh pooch lo k mery sath Burai kb karo gay???

ur this single comment proved the Saying of hazrat Ali (RA).. ap kitni ihsan faramoosh hn k kissi nay apki request pa apnay preciopus tym say kuch waqat ap ky liya waqaf kiya and reply kia... ( though u considered my answer a wrong one even then u shd hv been COURTEOUS enough to thanx the person for the tym, which unfortunately , u didnt.

even when u said that u Second Islah Bhai, I requested u too clear me so that i may Correct my opinion.... is that the civilised way on ur part to reply my request in such an arrogant style....??? i was not expecting an attitude like answer "I dont want to b contentious for letting my self prove my point."

i was expecting some thing positive so that i could CORRECT my opinion(which u and Islah Bhai consider " Wrong")and i wana prove in my next post though...

let me tell u one thing of Beauty of Islamic Shariah....

In islam, Ijtehad has been gvn a lot of importance... it is said that if a person practice Ijtehad and it is correct then the person will be rewarded TWICE... and if that Ijtehad is WRONG then the person wd be rewarded ONCE... this ONE tyme Reward is because the person strived hard to find the truth (though Wrongly)

Last but not the least, I wish man apki first post ka hi reply na karta... and ap mujy ARROGANT CSP hi consider kartin... jo CSP bn jany k baad ap jaisy Civilised aspirants ki help nai karty...

stay blessed

ALI SB · #35 Thursday, September 08, 2011

[QUOTE=islah_G;349795]

Quote:

Originally Posted by ALI SB

Dear Khula is a Kind of divorce......there is a difference in Talaq and Divorce.
Talaq is the exclusive right of Man. which includes Talaq e ahsan, talaq e hasan and talaq al bain.
Divorce simply mean separation of spouses.
Khulla....when the hatred is from female side and Mubaraat when hatred is mutual.
well in Khulla the wife has to give a consideration to the husband for her release from the marriage tie. There need no point of cruelty or anything else from husband side. it is enough if the wife dont like her husband.
Court me jo suite aathay hain wo DMMA 1939 k mutabiq aathay hain, jis me Majority CRUELTY as a ground for separation hoti hay.
well I wish i could be the pattern in cheif of FPSC so that finish all this gambling from CSS. Thats a different issue.

Bravo:

read again ur last line "it is enough if the wife dont like her husband." i really appreciate it..

in Pakistani Law under DMMA 1939, there are many grounds as reproduced here.

SEC 2: Grounds for decree for dissolution of marriage.‑‑A woman married under Muslim Law shall be entitled to obtain a decree for dissolution of her marriage on any one or more of the following grounds, namely:

(i) that the whereabouts of the husband have not been known for a period of 3[one) years;(Dissolution on the basis of missing)

(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;(Dissolution on the basis of neglect in maintanace)

4***(ii‑a) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;] (Dissolution on the basis of second marriage...)

(iii) that the husband has been sentenced to imprisonment for a period of 5[three] years or upwards;(Dissolution on the basis of sentence)

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;(Dissolution on the basis of failure to perform...)

(v) that the husband was important at the time of the marriage and continues to be so;(Dissolution on the basis of impotency)

(vi) that the husband has been insane for a period of two year] or is suffering from leprosy or a virulent venereal disease;(Dissolution on the basis of insanity etc)

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of ****[sixteen] years, repudicated the marriage before attaining the age of eighteen years" Provided that marriage has not been consummatedDissolution on the basis of Option of puberty)

*****[(viia) Lian;
Explanation : Lian means where the husband has accused his wife of zina and the wife does not accept the accusation as true.] (Dissolution on the basis of lian)

(viii) that the husband treats her with cruelty, that is to say:‑‑

(a) 8[habitually] assaults her or makes her life miserable by curelty of conduct even. if such conduct does not amount to physical ill‑treatment; or
(b) associates with women of evil repute or leads en infamous life; or
(c) attempts to force her to lead an immoral life; or
(d) disposes of her property or prevents her from exercising her legal rights over it; or
(e) obstructs her in the observance of her religious profession or practice; or
(f) if he has more wives than one, does not treat here equitably in accordance with the Injunctions of the Qur'an; (Dissolution on the basis of cruelty)

[(ix) that the husband is temperamentally incompatible and the wife is unable to live with him. (Dissolution on the basis of incompatibility)

(x) that husband and wife have been separated from each other for over a year and reconciliation efforts have failed.] (Dissolution on the basis of seperation)

(xi) on any other ground which is recognized as valid for the dissolution of marriage under Muslim Law: (Dissolution on the basis of Khula again) which was infact originally Sec 2(ix) of which i will qoute cases of Apex courts

i have 1 question only dear:

Does Khula is a well recognised Ground for dissolution of marriage in muslim law???

i strongly believe that ur answer is YES... then will u put Khulla as a ground under the heading of Sec 2 (ix) DMMA 1939???

now let us cross chk our this stance from the leading case laws of Apex Court of pakistan...

Mostly when u will see reference of Section 2(ix) of DMMA 1939 u will read the following line in case laws..

"Dissolution of Muslim Marriages Act (VIII of 1939), S.2(ix)---Suit for dissolution of marriage on ground of Khula..."

for example :
2010 CLC 58 KARACHI-HIGH-COURT-SINDH
2006 YLR 357 LAHORE-HIGH-COURT-LAHORE
2005 CLC 100 LAHORE-HIGH-COURT-LAHORE
1999 MLD 812 LAHORE-HIGH-COURT-LAHORE &
the most Celebrated case of Mst. Khurshid Bibi v. Baboo Muhammad Amin (PLD 1967 S C 67)

what it does mention that when the wife is unable to live wd husban d happily she can ask the court... this condition "in ur own words dennotes Khulla" then how come we deny the fact that Khulla ground is not mentioned in DMMA...

yes if you say that the Word KHULLA is not mentioned in DMMA thats other story i guess....

u can invoke the word Khulla in 2 ways...

either under Sec 2(ix) or under Sec 2(xi) of DMMA 1939....

again let me share a report leading to Bill 2005 amendment in family Courts..

Amendment of Section 10 of the
W. Pak. Family Courts Act, 1964

Report No.73

Amendment of Section 10 of the W. Pak. Family Courts Act, 1964.

Section 5 of the West Pakistan Family Courts Act, 1964 provides that the Family Courts established under Section 3 shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in Part I of the Schedule which are as follows:-

1. Dissolution of marriage, including “Khula”.
2. Dower.
3. Maintenance.
4. Restitution of Conjugal Rights.
5. Custody of children, and the visitation rights of Parents to meet them.
6. Guardianship
7. Jactitation of marriage.
8. Dowry.
9. Personal property and belongings of wife.

A woman married under Muslim Law is entitled to obtain a decree for dissolution of her marriage under the Dissolution of Muslim Marriages Act, 1939 on any one or more of the following grounds.

(i). that the whereabouts of the husband have not been known for a period of four years;

(ii). that the husband has neglected or has failed to provide for her maintenance for a period of two years;

(iii). that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv). that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
(v). that the husband was impotent at the time of the marriage and continues to be so;

(vi). that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

(vii). that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years;

Provided that the marriage has not been consummated:

(viii). that the husband treats her with cruelty, that is to say—

(a) habitually assaults her or make her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qur’an;
(ix) on any other ground which is recognised as valid for the dissolution of marriage under Muslim Law:

Provided that--

(a) no decree shall be passed on ground (iii) until the sentence has become final;
(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree;
(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

From various judgments of the superior courts it is deduced that like the right of a husband to pronounce Talak on his wife, a wife has a right to get the marriage dissolved on the basis of Khula if she could satisfy the conscience of the court that she was unable to live with her husband and prepared to return the benefits received from him.

Section 2 of the Dissolution of the Muslim Marriages Act, 1939 does not specifically provide that a wife can seek dissolution of the marriage on the basis of Khula but clause (ix) of the foresaid section states that the wife can seek dissolution on any other ground which is recognized as valid for the dissolution of marriage under the Muslim Law. As in Muslim Law “Khula” is one of the recognized methods for dissolving the marriage if the wife is prepared to return the benefits of marriage, including amount of Mehar, ornaments etc, then this ground is covered under clause (ix) of the Dissolution of Marriages Act, 1939.

The Law & Justice Commission of Pakistan vide Report No. 33 recommended that in a suit for dissolution of marriage on the ground of “Khula” the court shall determine marriage benefits and pass decree for dissolution of marriage and suggested that in West Pakistan Act No XXV of 1964, in section 10, after sub-section (iv) the following new sub-section shall be added, namely:-

“(5) In a suit for dissolution of marriage on the sole ground of Khula, the Court shall determine and restore to the husband benefits, derived by the wife in consideration of marriage and pass decree of dissolution of marriage.”

Contrary to the recommendation of the Law & Justice Commission that the court will determine and restore to the husband benefits derived by the wife in consideration of marriage when the dissolution of marriage is sought on the sole ground of Khula, the following proviso has been added in section 10 of the West Pakistan Family Courts Act, 1964 vide Ordinance No. LV of 2002.

“Provided that notwithstanding decision or judgment of any court or tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr receive by the wife in consideration of marriage at the time of marriage”.

By inserting the above proviso it is now mandatory for a wife to restore to the husband the Haq Mehr in case of dissolution of marriage on any ground mentioned in section 2 of the Dissolution of Muslim Marriages Act, 1939. The recommendation of the Commission was confined only to dissolution of marriage on the basis of Khula in which case she has to return the marriage benefits and not on other grounds. It is therefore proposed to amend suitably the proviso added after sub-section (4) of section 10 of the West Pakistan Family Court Act, 1964 to confine the return of Marriage benefits only in case the marriage is dissolved on the basis of Khula.

to conclude, Dear Bravo, the purpose of the whole discussion was not to defeat anyone or Win any WAR etc... i think this confusion on our part will help the aspirants of css and others as well. really ppreciate ur concern too..

ALI SB · #36 Friday, September 09, 2011

[QUOTE=islah_G;349809]

Quote:

Originally Posted by ALI SB

Well your whole reply revovles around Khgula and DMMA,
You said analytical approach chalta hay CSS me, I am sure Ironically kaha ye ap ne.

no dear i was damn serious when i said Analytical approach.... gone were the days when stereo type answers pa marks atay thy...

yes my answer revolved around DMMA and Khulah as Sec 2 (ix) clearly says that any other recognised ground by islamic law....which denotes Khula too....

u mentioned that u r student of Law and opted Muslim Law in css... Bravo i too Did graduation in Law from PU with Distinction Alhmdulillah and with Second position in Islamic jurisprudence paper as well.. i too opted muslim law in css and score is 61. (first div in paper not bad)

2008 CSS me me ne Analytical approach chalaya, to the point, no heading wedding every answer in paragraph style and I got only passing marks couldnt get allocation.
2010 me waheee Bakwaas patteren apnaya me ne kaam ki baat kam awr fazoool ki headings ziada awr buhut xabrdsast marks ley.......ye hay FPSC.

well bravo, what a css aspirant wants??? he wana get through the css exam... thats it... by hooks or by crooks... u urself admitted that headings sa xabardast marks liya... i dont know ur marks??? but i can tell u mine... in all my css papers i used headings and used headings abundantly... and by the grace of Almighty Allah, i m among Top 10 in Css written scores with 728 marks.... it shows that fpsc wala uncles do appreciate headings.....

Ik taraf pol science waaaloo ko mar daitha hay to dosri tarf journalism socilogy islamic histories ko marks deta hay......ye hay FPSC.......i told u already that its a different issue choorr do isko.

again i differ here bravo, wise persons hmaisha planning ki game khailty han.... i muself opted English literature but changed my subjects near submission of my form on last dates.... i knew k eng literature man marks nai ain gay.... yes u r right k trends change ho jaty han marks giving ka... but it doesnt mean k marks hmaisha Journalism and Islamic history man aty han just see the result of 2010 of these two papers only...

well my comments were without harsh feelings dear u are my brother, but i was shocked.

Bravo, why shocked? plz let me know... i seek pardon , unconditionally, if any of my words shocked u...

Hamza Salick · #37 Friday, September 09, 2011

[QUOTE=ALI SB;349995]

Quote:

Originally Posted by islah_G

Bravo:

read again ur last line "it is enough if the wife dont like her husband." i really appreciate it..

in Pakistani Law under DMMA 1939, there are many grounds as reproduced here.

SEC 2: Grounds for decree for dissolution of marriage.‑‑A woman married under Muslim Law shall be entitled to obtain a decree for dissolution of her marriage on any one or more of the following grounds, namely:

(i) that the whereabouts of the husband have not been known for a period of 3[one) years;(Dissolution on the basis of missing)

(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;(Dissolution on the basis of neglect in maintanace)

4***(ii‑a) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;] (Dissolution on the basis of second marriage...)

(iii) that the husband has been sentenced to imprisonment for a period of 5[three] years or upwards;(Dissolution on the basis of sentence)

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;(Dissolution on the basis of failure to perform...)

(v) that the husband was important at the time of the marriage and continues to be so;(Dissolution on the basis of impotency)

(vi) that the husband has been insane for a period of two year] or is suffering from leprosy or a virulent venereal disease;(Dissolution on the basis of insanity etc)

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of ****[sixteen] years, repudicated the marriage before attaining the age of eighteen years" Provided that marriage has not been consummatedDissolution on the basis of Option of puberty)

*****[(viia) Lian;
Explanation : Lian means where the husband has accused his wife of zina and the wife does not accept the accusation as true.] (Dissolution on the basis of lian)

(viii) that the husband treats her with cruelty, that is to say:‑‑

(a) 8[habitually] assaults her or makes her life miserable by curelty of conduct even. if such conduct does not amount to physical ill‑treatment; or
(b) associates with women of evil repute or leads en infamous life; or
(c) attempts to force her to lead an immoral life; or
(d) disposes of her property or prevents her from exercising her legal rights over it; or
(e) obstructs her in the observance of her religious profession or practice; or
(f) if he has more wives than one, does not treat here equitably in accordance with the Injunctions of the Qur'an; (Dissolution on the basis of cruelty)

[(ix) that the husband is temperamentally incompatible and the wife is unable to live with him. (Dissolution on the basis of incompatibility)

(x) that husband and wife have been separated from each other for over a year and reconciliation efforts have failed.] (Dissolution on the basis of seperation)

(xi) on any other ground which is recognized as valid for the dissolution of marriage under Muslim Law: (Dissolution on the basis of Khula again) which was infact originally Sec 2(ix) of which i will qoute cases of Apex courts

i have 1 question only dear:

Does Khula is a well recognised Ground for dissolution of marriage in muslim law???

i strongly believe that ur answer is YES... then will u put Khulla as a ground under the heading of Sec 2 (ix) DMMA 1939???

now let us cross chk our this stance from the leading case laws of Apex Court of pakistan...

Mostly when u will see reference of Section 2(ix) of DMMA 1939 u will read the following line in case laws..

"Dissolution of Muslim Marriages Act (VIII of 1939), S.2(ix)---Suit for dissolution of marriage on ground of Khula..."

for example :
2010 CLC 58 KARACHI-HIGH-COURT-SINDH
2006 YLR 357 LAHORE-HIGH-COURT-LAHORE
2005 CLC 100 LAHORE-HIGH-COURT-LAHORE
1999 MLD 812 LAHORE-HIGH-COURT-LAHORE &
the most Celebrated case of Mst. Khurshid Bibi v. Baboo Muhammad Amin (PLD 1967 S C 67)

what it does mention that when the wife is unable to live wd husban d happily she can ask the court... this condition "in ur own words dennotes Khulla" then how come we deny the fact that Khulla ground is not mentioned in DMMA...

yes if you say that the Word KHULLA is not mentioned in DMMA thats other story i guess....

u can invoke the word Khulla in 2 ways...

either under Sec 2(ix) or under Sec 2(xi) of DMMA 1939....

again let me share a report leading to Bill 2005 amendment in family Courts..

Amendment of Section 10 of the
W. Pak. Family Courts Act, 1964

Report No.73

Amendment of Section 10 of the W. Pak. Family Courts Act, 1964.

Section 5 of the West Pakistan Family Courts Act, 1964 provides that the Family Courts established under Section 3 shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in Part I of the Schedule which are as follows:-

1. Dissolution of marriage, including “Khula”.
2. Dower.
3. Maintenance.
4. Restitution of Conjugal Rights.
5. Custody of children, and the visitation rights of Parents to meet them.
6. Guardianship
7. Jactitation of marriage.
8. Dowry.
9. Personal property and belongings of wife.

A woman married under Muslim Law is entitled to obtain a decree for dissolution of her marriage under the Dissolution of Muslim Marriages Act, 1939 on any one or more of the following grounds.

(i). that the whereabouts of the husband have not been known for a period of four years;

(ii). that the husband has neglected or has failed to provide for her maintenance for a period of two years;

(iii). that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv). that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
(v). that the husband was impotent at the time of the marriage and continues to be so;

(vi). that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

(vii). that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years;

Provided that the marriage has not been consummated:

(viii). that the husband treats her with cruelty, that is to say—

(a) habitually assaults her or make her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qur’an;
(ix) on any other ground which is recognised as valid for the dissolution of marriage under Muslim Law:

Provided that--

(a) no decree shall be passed on ground (iii) until the sentence has become final;
(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree;
(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

From various judgments of the superior courts it is deduced that like the right of a husband to pronounce Talak on his wife, a wife has a right to get the marriage dissolved on the basis of Khula if she could satisfy the conscience of the court that she was unable to live with her husband and prepared to return the benefits received from him.

Section 2 of the Dissolution of the Muslim Marriages Act, 1939 does not specifically provide that a wife can seek dissolution of the marriage on the basis of Khula but clause (ix) of the foresaid section states that the wife can seek dissolution on any other ground which is recognized as valid for the dissolution of marriage under the Muslim Law. As in Muslim Law “Khula” is one of the recognized methods for dissolving the marriage if the wife is prepared to return the benefits of marriage, including amount of Mehar, ornaments etc, then this ground is covered under clause (ix) of the Dissolution of Marriages Act, 1939.

The Law & Justice Commission of Pakistan vide Report No. 33 recommended that in a suit for dissolution of marriage on the ground of “Khula” the court shall determine marriage benefits and pass decree for dissolution of marriage and suggested that in West Pakistan Act No XXV of 1964, in section 10, after sub-section (iv) the following new sub-section shall be added, namely:-

“(5) In a suit for dissolution of marriage on the sole ground of Khula, the Court shall determine and restore to the husband benefits, derived by the wife in consideration of marriage and pass decree of dissolution of marriage.”

Contrary to the recommendation of the Law & Justice Commission that the court will determine and restore to the husband benefits derived by the wife in consideration of marriage when the dissolution of marriage is sought on the sole ground of Khula, the following proviso has been added in section 10 of the West Pakistan Family Courts Act, 1964 vide Ordinance No. LV of 2002.

“Provided that notwithstanding decision or judgment of any court or tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr receive by the wife in consideration of marriage at the time of marriage”.

By inserting the above proviso it is now mandatory for a wife to restore to the husband the Haq Mehr in case of dissolution of marriage on any ground mentioned in section 2 of the Dissolution of Muslim Marriages Act, 1939. The recommendation of the Commission was confined only to dissolution of marriage on the basis of Khula in which case she has to return the marriage benefits and not on other grounds. It is therefore proposed to amend suitably the proviso added after sub-section (4) of section 10 of the West Pakistan Family Court Act, 1964 to confine the return of Marriage benefits only in case the marriage is dissolved on the basis of Khula.

to conclude, Dear Bravo, the purpose of the whole discussion was not to defeat anyone or Win any WAR etc... i think this confusion on our part will help the aspirants of css and others as well. really ppreciate ur concern too..

Great work

Islaw Khan · #38 Sunday, September 11, 2011

[QUOTE=ALI SB;349995]

Quote:

Originally Posted by islah_G

Bravo:

read again ur last line "it is enough if the wife dont like her husband." i really appreciate it..

in Pakistani Law under DMMA 1939, there are many grounds as reproduced here.

SEC 2: Grounds for decree for dissolution of marriage.‑‑A woman married under Muslim Law shall be entitled to obtain a decree for dissolution of her marriage on any one or more of the following grounds, namely:

(i) that the whereabouts of the husband have not been known for a period of 3[one) years;(Dissolution on the basis of missing)

(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;(Dissolution on the basis of neglect in maintanace)

4***(ii‑a) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;] (Dissolution on the basis of second marriage...)

(iii) that the husband has been sentenced to imprisonment for a period of 5[three] years or upwards;(Dissolution on the basis of sentence)

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;(Dissolution on the basis of failure to perform...)

(v) that the husband was important at the time of the marriage and continues to be so;(Dissolution on the basis of impotency)

(vi) that the husband has been insane for a period of two year] or is suffering from leprosy or a virulent venereal disease;(Dissolution on the basis of insanity etc)

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of ****[sixteen] years, repudicated the marriage before attaining the age of eighteen years" Provided that marriage has not been consummatedDissolution on the basis of Option of puberty)

*****[(viia) Lian;
Explanation : Lian means where the husband has accused his wife of zina and the wife does not accept the accusation as true.] (Dissolution on the basis of lian)

(viii) that the husband treats her with cruelty, that is to say:‑‑

(a) 8[habitually] assaults her or makes her life miserable by curelty of conduct even. if such conduct does not amount to physical ill‑treatment; or
(b) associates with women of evil repute or leads en infamous life; or
(c) attempts to force her to lead an immoral life; or
(d) disposes of her property or prevents her from exercising her legal rights over it; or
(e) obstructs her in the observance of her religious profession or practice; or
(f) if he has more wives than one, does not treat here equitably in accordance with the Injunctions of the Qur'an; (Dissolution on the basis of cruelty)

[(ix) that the husband is temperamentally incompatible and the wife is unable to live with him. (Dissolution on the basis of incompatibility)

(x) that husband and wife have been separated from each other for over a year and reconciliation efforts have failed.] (Dissolution on the basis of seperation)

(xi) on any other ground which is recognized as valid for the dissolution of marriage under Muslim Law: (Dissolution on the basis of Khula again) which was infact originally Sec 2(ix) of which i will qoute cases of Apex courts

i have 1 question only dear:

Does Khula is a well recognised Ground for dissolution of marriage in muslim law???

i strongly believe that ur answer is YES... then will u put Khulla as a ground under the heading of Sec 2 (ix) DMMA 1939???

now let us cross chk our this stance from the leading case laws of Apex Court of pakistan...

Mostly when u will see reference of Section 2(ix) of DMMA 1939 u will read the following line in case laws..

"Dissolution of Muslim Marriages Act (VIII of 1939), S.2(ix)---Suit for dissolution of marriage on ground of Khula..."

for example :
2010 CLC 58 KARACHI-HIGH-COURT-SINDH
2006 YLR 357 LAHORE-HIGH-COURT-LAHORE
2005 CLC 100 LAHORE-HIGH-COURT-LAHORE
1999 MLD 812 LAHORE-HIGH-COURT-LAHORE &
the most Celebrated case of Mst. Khurshid Bibi v. Baboo Muhammad Amin (PLD 1967 S C 67)

what it does mention that when the wife is unable to live wd husban d happily she can ask the court... this condition "in ur own words dennotes Khulla" then how come we deny the fact that Khulla ground is not mentioned in DMMA...

yes if you say that the Word KHULLA is not mentioned in DMMA thats other story i guess....

u can invoke the word Khulla in 2 ways...

either under Sec 2(ix) or under Sec 2(xi) of DMMA 1939....

again let me share a report leading to Bill 2005 amendment in family Courts..

Amendment of Section 10 of the
W. Pak. Family Courts Act, 1964

Report No.73

Amendment of Section 10 of the W. Pak. Family Courts Act, 1964.

Section 5 of the West Pakistan Family Courts Act, 1964 provides that the Family Courts established under Section 3 shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in Part I of the Schedule which are as follows:-

1. Dissolution of marriage, including “Khula”.
2. Dower.
3. Maintenance.
4. Restitution of Conjugal Rights.
5. Custody of children, and the visitation rights of Parents to meet them.
6. Guardianship
7. Jactitation of marriage.
8. Dowry.
9. Personal property and belongings of wife.

A woman married under Muslim Law is entitled to obtain a decree for dissolution of her marriage under the Dissolution of Muslim Marriages Act, 1939 on any one or more of the following grounds.

(i). that the whereabouts of the husband have not been known for a period of four years;

(ii). that the husband has neglected or has failed to provide for her maintenance for a period of two years;

(iii). that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv). that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
(v). that the husband was impotent at the time of the marriage and continues to be so;

(vi). that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

(vii). that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years;

Provided that the marriage has not been consummated:

(viii). that the husband treats her with cruelty, that is to say—

(a) habitually assaults her or make her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qur’an;
(ix) on any other ground which is recognised as valid for the dissolution of marriage under Muslim Law:

Provided that--

(a) no decree shall be passed on ground (iii) until the sentence has become final;
(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree;
(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

From various judgments of the superior courts it is deduced that like the right of a husband to pronounce Talak on his wife, a wife has a right to get the marriage dissolved on the basis of Khula if she could satisfy the conscience of the court that she was unable to live with her husband and prepared to return the benefits received from him.

Section 2 of the Dissolution of the Muslim Marriages Act, 1939 does not specifically provide that a wife can seek dissolution of the marriage on the basis of Khula but clause (ix) of the foresaid section states that the wife can seek dissolution on any other ground which is recognized as valid for the dissolution of marriage under the Muslim Law. As in Muslim Law “Khula” is one of the recognized methods for dissolving the marriage if the wife is prepared to return the benefits of marriage, including amount of Mehar, ornaments etc, then this ground is covered under clause (ix) of the Dissolution of Marriages Act, 1939.

The Law & Justice Commission of Pakistan vide Report No. 33 recommended that in a suit for dissolution of marriage on the ground of “Khula” the court shall determine marriage benefits and pass decree for dissolution of marriage and suggested that in West Pakistan Act No XXV of 1964, in section 10, after sub-section (iv) the following new sub-section shall be added, namely:-

“(5) In a suit for dissolution of marriage on the sole ground of Khula, the Court shall determine and restore to the husband benefits, derived by the wife in consideration of marriage and pass decree of dissolution of marriage.”

Contrary to the recommendation of the Law & Justice Commission that the court will determine and restore to the husband benefits derived by the wife in consideration of marriage when the dissolution of marriage is sought on the sole ground of Khula, the following proviso has been added in section 10 of the West Pakistan Family Courts Act, 1964 vide Ordinance No. LV of 2002.

“Provided that notwithstanding decision or judgment of any court or tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr receive by the wife in consideration of marriage at the time of marriage”.

By inserting the above proviso it is now mandatory for a wife to restore to the husband the Haq Mehr in case of dissolution of marriage on any ground mentioned in section 2 of the Dissolution of Muslim Marriages Act, 1939. The recommendation of the Commission was confined only to dissolution of marriage on the basis of Khula in which case she has to return the marriage benefits and not on other grounds. It is therefore proposed to amend suitably the proviso added after sub-section (4) of section 10 of the West Pakistan Family Court Act, 1964 to confine the return of Marriage benefits only in case the marriage is dissolved on the basis of Khula.

to conclude, Dear Bravo, the purpose of the whole discussion was not to defeat anyone or Win any WAR etc... i think this confusion on our part will help the aspirants of css and others as well. really ppreciate ur concern too..

Sorry Bro due to severe throat infection i was away from you, Just read your posts and especially this one the detailed one and I ll say that if this was your first reply to that member then i would not intervene, and I had already posted all these grounds in the very first reply to you and that member, you gave a good detail.
And this shows that you agree with my point of view now.

ALI SB · #39 Monday, September 12, 2011

[QUOTE=islah_G;351170]

Quote:

Originally Posted by ALI SB

Sorry Bro due to severe throat infection i was away from you, Just read your posts and especially this one the detailed one and I ll say that if this was your first reply to that member then i would not intervene, and I had already posted all these grounds in the very first reply to you and that member, you gave a good detail.
And this shows that you agree with my point of view now.

Dear

As far as ur contention that KHULA is not part of DMMA i have reservations. As u say that khula is seperate ground and not falls under DMMA.

And prayers and wishes fir ur health bravo. Stay blessed

Hassan Razzaq · #40 Wednesday, September 14, 2011

bhai kia journalism scoring hai aur aik baat aur ke ap ke kahayal mei sirf aik book se prepration karna har subject ke coz abhi ap ko pata hai sirf 5 and half month reh gaye hain examS mei ,,, bt ho wo prepration ache tarah se toh kia wo kafi hai ?ya 1 se ziada books se knowledge le ke yaad karna zaruri hai ?

The Following User Says Thank You to Islaw Khan For This Useful Post:
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