Khula and Divorce Procedure for Adultery:
If you wish to file divorce procedure for adultery or process of khula in Pakistan, you may contact Jamila Law Associates. For Divorce in Pakistan, U need to Know the Divorce Law in Pakistan. The Divorce Procedure in Pakistan & Procedure of Divorce in Pakistan is Very Simple and almost in favor of Female. The daughter required the company and association of her mother to prepare her to shoulder responsibilities in the future for the divorce procedure for adultery or process of khula in Pakistan.
Preferential Right of Custody:
Mother would lose her preferential right of custody if she married someone not related to the child within the prohibited degree, but this was not an absolute rule. The welfare of minor would play a pivotal role in deciding the question of custody of minor albeit mother had contracted a second marriage after the divorce procedure for adultery or process of khula in Pakistan. There was not willing to obtain control of the child. It could never hand over possession of minor in the presence of birth mother to be paternal grand-mother.
Second Marriage of Mother & Father:
The second marriage of mother or Father could not be sole fact to decide the fate of custody of minor rather. It was the welfare of minor which would prevail upon all other considerations. Both the courts below had disturbed the control of the little for extraneous reasons. Courts below had misread the material place of evidence. Impugned orders passed by the courts below were set aside by high Court, being illegal and unlawful. Petition by the grandmother was dismissed.
The constitutional petition was allowed in the circumstances of the divorce procedure for adultery or process of khula in Pakistan. Petitioner/ mother of the minor contended that there was apprehension that it would take the little out of the jurisdiction of Guardian Court as respondent/grandmother of minor resided abroad and the respondent should be given the opportunity of visitation within the court premises. Grandmother contended that she lived within the territorial jurisdiction of the Guardian Court.
Process of Khula in Pakistan:
Respondent on the divorce procedure for adultery or process of khula in Pakistan was the paternal grandmother of a minor while both Father and grandfather had passed away. Depriving the grandmother of spending some time with her grandchild was not fair, while the custody remained with the mother. Grandmother resided within the territorial jurisdiction of the Court, so apprehension of the mother was misplaced.
While considering the welfare of the minor, Guardian Court had rightly declined the suggestion of the mother to allow visitation within the court premises. Court premises were neither an appropriate place for visitation nor appropriated to expose the child to its environment.
No Illegality & Infirmity:
No illegality or infirmity having been noticed in the impugned order, Constitutional petition was dismissed accordingly on the divorce procedure for adultery or process of khula in Pakistan. Marriage had already dissolved based on Khula at “K,” and after that mother of minors moved from “K” to “P” without children. Application for interim custody of children by the mother/plaintiff was accepted after the divorce procedure for adultery or process of khula in Pakistan. Petitioner/Father objected to the territorial jurisdiction of the Family Court at “P” with the plea that both the spouses last resided along with minors at “K,” where he was permanently residing with the children.