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saamadam

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Published on: 13 Jul 2018 by saamadam

Presumptions During Khula Procedure in Pakistan

Presumptions in Pakistan have no
legal status and the law in Pakistan does not work on presumptions. Law in
Pakistan always needs clear proof in all cases even you are following the khula
procedure in Pakistan but there are some exceptions to this law. In family
cases not only in the khula
procedure in Pakistan
but also in other family cases the court bases its
opinion on presumptions. During the procedure of khula in Pakistan the first
presumption which is very common is that once after the notice is served by the
wife to the husband so that he can appear in court immediately a publication in
newspaper is served. Now we all know that no one among us read the minute
advertisements in news paper and we don’t read the court notices but the courts
in Pakistan presumes that once a publication in newspaper is done it is
sufficient to bring in the notice of husband that a case of khula in Pakistan
is initiated by the wife against him.

This presumption is against the
husband because most of times the wife gets divorce but husband never knows
that he has lost his wife but this is one part of the side the other face of
the story is that if this presumption is not upheld then only for cases of
khula in Pakistan the females have to wait for years because every husband will
come to the court saying he never received any notice or the divorce by wife in
Pakistan was not in his knowledge so therefore the courts after doing
publication in newspaper creates a presumption that the procedure of khula in
Pakistan by the wife is in the knowledge of husband. It’s the high court of
Pakistan which in its judgment has mentioned that this presumption will be
upheld. These judgments have binding authority on the lower courts therefore
the lower courts or the family courts in Pakistan also upheld the same
presumption.

This is just one of the
presumptions but this is not just the one. There are more presumptions which
the family courts in Pakistan upheld due to the judgments of high court and
Supreme Court of Pakistan. Not even in the case of khula
in Pakistan
but also in other family cases like dower, dowry etc the
courts in Pakistan upheld some presumptions. For example in the case of dowry
the court presumes that no father in Pakistan does t wedding of her daughter
without the dowry. As it is a custom in Pakistan that in most of the areas that
the family of bride gives some dowry articles to the bride so that she can live
happy with her husband. More or less somewhat things are given to the bride and
groom. Therefore when a case of dowry article is filed by the bride after the
evidence concluded by the court, The court keeps a lenient view while giving the
orders of dowry articles. These presumptions are mostly in the favor of females
especially in the cases of khula in Pakistan and during the procedure of khula
in Pakistan 100% benefit is given to the bride.

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