Legal Question in Family Law in Pakistan
Dear Sir,
My wife is living with her mother and my daughter is with her,
She filed combined case for :
1.maintenance allowance for herself,
2.maintenance allowance for my daughter,
3.return of jewlery which she took already with her,
So court ordered us to start paying 4000 for daughter every month,
And in return we filed our case and court fixed meeting with my daughter for every month,
Now after first meeting with my daughter ... yesterday I received court notice saying they filed case for khula,
So my 1st question is that ...
Normally what happens in such cases ... NEXT.
Whats goint to happen in next two to three hearings ...
and what will be the results ... generally in such case.
My 2nd question is that ...
What will happen to the gold which she took with her,
I heard that gold normally ends up at oath of Quran,
Whats your opinion and what if both parties take oath.
I mean we take oath that they have and they take false oath.
How court will decide and what normally happens in that.
I will be thankful to you,
Thanks and Regards,
2 Answers from Attorneys
1- she will get Khula in next few hearings,
2- that depends upon the evidence you and your opponent produced in the court .. court can not compel one to make an oath on Quran.
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1. If wife seeks 'Khula', it is her right and the courts usually allow 'Khula' and terminate the marriage between the parties. However, the wife has to return the Haq Mehar (if paid already) or waive the same (if not paid already) as a condition for obtaining Khula.
2. The parties has to prove their case through evidence. The court will decide the case in favour of party who will bring strong evidence in support of their claim.
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