Legal Consultancy About Delegated Procedure of Divorce in Pakistan
The Delegated Procedure of Divorce in Pakistan:
Family lawyer Nazia in Lahore is an expert in following the procedure of divorce in Pakistan. The statements of delegated procedure of divorce in Pakistan can be interpreted to mean divorce and other things; therefore, the intention of the husband must be made clear. Column 18 of the prescribed marriage certificate (Form II) specifies whether the right to divorce is being delegated. A power delegated in unqualified or absolute terms lasts until the session of the contract (the wedding ceremony). The power may also be made dependent on time to last for a certain period, which may extend to the lifetime of the woman. The delegation of the power of the procedure of divorce in Pakistan can also be made contingent upon the happening of an event. The power may also be delegated with the words "whenever you like" in which case it will have the same effect as lasting during the lifetime or till such time that it is exercised. Form II, mentioned above, is not very clear about the duration of the power delegated.
Exercise of Power by the Wife:
The exercise of the power by the wife depends upon what has been delegated by the husband, whether a single repudiation or more and whether revocable or irrevocable. Form II is not clear about the details in which the right is delegated. It is, however, provided that when a woman exercises this right the same procedure will be followed as is followed in the case of a divorce granted by the husband. It will be better if the words "whenever you like and as you like" are provided in the form. Further, it is not clear whether the husband will have the right of conciliation (recourse) after the wife has exercised her right as provided in Form II or whether it will depend upon mutual reconciliation according to the procedure provided. Delegation to a third person.-When the right of procedure of divorce in Pakistan is delegated to a person it amounts to agency and not a transfer of the right of divorce. Delegation to a third person can be revoked.
Conditions About the Wife (Khula) Pronounced Khula in Pakistan:
The general framework of the procedure of divorce in Pakistan is understood about statements of the husband and wife about the kind of arrangement to be undertaken for effecting separation and the kinds of payments to be made or claims to be discharged or waived. The statements that give rise to the arrangements of release are as follows: (a) the husband uses the term khula but does not mention a counter- value (amount) to be paid by the wife for doing so. (b) The husband or wife, as the case may be, uses the term talaq but instead of an amount to be paid by the wife. (c) The husband or wife, as the case may be, uses the term khula", but instead of an amount to be paid by the wife or a claim to be forgone by her whether this amount pertains to the dower or something else, (d) The husband or wife, as the case may be, uses the term mubarah without mentioning claims beyond the implication of mubaraah or by mentioning such additional amounts or claims
