A: If wife just isn't delegated the proper of divorce in her nikanama (marriage agreement sort) then she would make an application for khula within the court docket. Once the wife files a go well with for dissolution of marriage the court docket troubles discover to the opposite occasion i.e. the husband and if he fails to appear once the owing strategy of putting up and publication the courtroom can continue with the case ex-parte and go a decree.
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The report brought about Considerably discussion, with a lot of main ulama (like Maulana Abual Ala Maududi, leader with the Jamaat-i-Islami) opposing its tips. The Muslim Family members Rules Ordinance, 1961 adopted several of the provisions with the Report of the Marriage and Family Legislation Fee, aiming to reform divorce law and inheritance regulation regarding orphaned grandchildren, introduce Obligatory marriage registration, spot restrictions about the practice of polygamy, and reform the law relating to dower and maintenance in relationship and divorce, and also to amend present legislation with relation to marriage age.
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Any superb dower or maintenance not compensated in because of time is recoverable as arrears of land earnings. Also, where no information concerning the method of payment of mahr are recorded in the marriage contract, the entire sum on the dower stipulated therein is presumed to be payable as prompt dower.
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Ruled by classical Hanafi law, although affect of custom is powerful; in Abdul Waheed v. Asma Jehangir (PLD 1997 Lah 331), court verified that, underneath latest law, adult Hanafi Muslim lady can contract herself in relationship without wal’s consent as necessary necessity for validity of contract is the lady’s consent and not the wali’s.
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