Where an appeal is preferred to the district court khula procedure in pakistan , the decision of the family court regardingcan be challenged. A complaint against violation of the law can be made by an aggrieved person or penalty for violation of the law should be imprisonment of five years and a fine of shall only take effect after the appeal has been disposed of any of her blood relatives. Rs. 200,000 to be paid to the aggrieved wife. A provision is made imposing a penalty for misstating any facts in the nikahnama.
Where the husband misstates his pre-existing marital status, the aggrieved wife should have the same rights as those applicable to the existing wife: for example, the court should grant her the right of procedure of khula in Pakistan, adequate provisions for maintaining her residence and financial status, and a dower which is equitable in light of the financial status of the parties.
Termination of Marriage:
Divorce is another aspect in family relations where laws and customs act discriminatorily against women and have been a source of great hardship for affected women and children. Laws for Muslims in Pakistan regarding the procedure of khula in Pakistan are fairly simple compared to the provisions contained in the Pakistani laws for non-Muslims. A Muslim man may divorce his wife without having to give any reasons or going to court. Under the present law, it relieves him of his responsibility to maintain his wife after the period of iddat.
Even otherwise, his right of divorce bears no connection to his financial obligation of having to pay for the wife even during the stipulated time required under the law, In Malaysia, the law makes it mandatory for the husband to approach the court to obtain divorce becomes the responsibility of the courts to terminate marriages and to decide all other disputes arising out of the procedure of khula in Pakistan.
Some Serious Matter Which Cause of Khula:
In this matter,ijtehad is necessary so that a Muslim woman, if she has been delegated the right of divorce, can also terminate her marriage with ease. Similarly, where both parties are agreeable to terminating a marriage, the law provides for mubarat (a form of khula) whereby both parties can end the marriage without judicial intervention. However, if the wife relies upon the grounds prescribed in the Dissolution of Muslim Marriages Act, 1939, she must file a suit for the procedure of. Courts are usually reluctant to dissolve marriages based on “cruelty” even where it stands proved and find it easier to dissolve the marriage based on procedure of khula in Pakistan. Consequently, the wife has to forego some financial benefits like a dower, past maintenance, or some gift given to her by her husband during the marriage.
Other grounds given in the law need to be reviewed as they have not kept up with changing times. For example, the disappearance of the husband for four years allows a woman to dissolve her marriage. In present-day circumstances, disappearance for four years is virtual desertion. With time, new habits have formed which merit grounds for dissolution. These include drug addiction of the husband, or forcing the wife to live in extended families which may be unacceptable to her.