Presumptions During Khula Procedure in PakistanISC2 CSSLP Course

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This topic contains 0 replies, has 1 voice, and was last updated by  saamadam 2 days, 17 hours ago.

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    Presumptions in Pakistan have no legal status and the law in Pakistan does not work on presumptions. Law in Pakistan always needs clear proof in all cases even you are following the khula procedure in Pakistan but there are some exceptions to this law. In family cases not only in the khula procedure in Pakistan but also in other family cases the court bases its opinion on presumptions. During the procedure of khula in Pakistan the first presumption which is very common is that once after the notice is served by the wife to the husband so that he can appear in court immediately a publication in newspaper is served. Now we all know that no one among us read the minute advertisements in news paper and we don’t read the court notices but the courts in Pakistan presumes that once a publication in newspaper is done it is sufficient to bring in the notice of husband that a case of khula in Pakistan is initiated by the wife against him.

    This presumption is against the husband because most of times the wife gets divorce but husband never knows that he has lost his wife but this is one part of the side the other face of the story is that if this presumption is not upheld then only for cases of khula in Pakistan the females have to wait for years because every husband will come to the court saying he never received any notice or the divorce by wife in Pakistan was not in his knowledge so therefore the courts after doing publication in newspaper creates a presumption that the procedure of khula in Pakistan by the wife is in the knowledge of husband. It’s the high court of Pakistan which in its judgment has mentioned that this presumption will be upheld. These judgments have binding authority on the lower courts therefore the lower courts or the family courts in Pakistan also upheld the same presumption.

    Khula procedure in Pakistan

    This is just one of the presumptions but this is not just the one. There are more presumptions which the family courts in Pakistan upheld due to the judgments of high court and Supreme Court of Pakistan. Not even in the case of khula in Pakistan but also in other family cases like dower, dowry etc the courts in Pakistan upheld some presumptions. For example in the case of dowry the court presumes that no father in Pakistan does t wedding of her daughter without the dowry. As it is a custom in Pakistan that in most of the areas that the family of bride gives some dowry articles to the bride so that she can live happy with her husband. More or less somewhat things are given to the bride and groom. Therefore when a case of dowry article is filed by the bride after the evidence concluded by the court, The court keeps a lenient view while giving the orders of dowry articles. These presumptions are mostly in the favor of females especially in the cases of khula in Pakistan and during the procedure of khula in Pakistan 100% benefit is given to the bride.

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