Legal

Concern Regarding Khula Procedure in Pakistan on Various Ground

The Procedure of Khula in Pakistan on Various Grounds:

Advocate Nazia from Lahore Pakistan says that before going through the procedure of khula in Pakistan the remaining spouse must also have made efforts to locate him or her unless the absent partner disappeared under circumstances indicating that efforts to locate him would be useless. For example, the absent spouse may have been last heard from in a war zone. No further word arrived throughout the statutory period. In this case, the marriage relationship could be terminated under the law without any further showing and the procedure of khula in Pakistan can be followed. A spouse may remarry under law after the procedure of khula in Pakistan. If the first spouse later reappears, the validity of the second marriage would not be affected. Drunkenness: Habitual drunkenness constitutes another statutory ground for the procedure of khula in Pakistan. But the drunkenness must be habitual and not merely a single incident or a tendency toward occasional drunkenness. The spouse must have acquired the habit after the marriage. In some states, the habit must have continued for a specified period.
Fraud: Apply in a marriage, and fraud that would make any contract void may be recognized as bases for an annulment for fraud: Since marriage is a contract, the ordinary rules of the valid contract also make a marriage contract void. The following are generally misrepresentation or concealment of a prior marital status Misrepresentation of one’s intent to go through a religious ceremony after a civil ceremony has taken place A secret intent not to have children or not to live with one’s partner. Concealment of serious health impairment or a venereal disease can be a ground for the procedure of khula in Pakistan.

Pregnancy by Someone Other At the Ground of Khula:

Concealment at the time of the marriage of pregnancy by someone other than the intended husband can be a ground for khula in Pakistan. Misrepresentation as to prior morals and Insanity can be ground for the procedure of khula in Pakistan. A ground for divorce, insanity is also a ground for annulment in some states. If the sane spouse is seeking an annulment, he or she must prove that the condition of the insane spouse was unknown at the time of the marriage. If the wife is the insane partner, the court may require the husband to provide for her support.
Annulment: An annulment differs from a divorce in a basic way. Where a divorce gets dissolves a valid marriage, an annulment states that a marriage is void-that it never legally existed. Some of the grounds for annulment may also be cited as grounds for divorce, as indicated. These include fraud and insanity or idiocy. In Indiana, a marriage will be held to be illegal or void if two Indiana residents are married in another state to avoid Indiana marriage license provisions. The same law applies in other states A marriage to a minor, a person under the legal age of consent, a generally be annulled, as can an incestuous marriage. The latter marriage to a person within a specified degree of kinship can make a marriage void, a second marriage by a person who has a living spouse, also render a marriage void.
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