Legal Question in Family Law in Pakistan
salams to everyone.
I divorced my wife on July 18, 2018, and sent the copy to her which was received on 20 July 18.
Upon receiving the notice, My in-laws filed a Khula case against me, the same day (20/7/2018) in a hurry (and kept it secret, no notice for hearing was ever sent to me).
I filed a Divorce with Union Council on August 1, 2018 as per Pakistani Law.
My wife has been attending union council arbitration meetings(13/8/18 and 13/9/18), which have failed because I refused to reconcile. Divorce will be formalized on Nov 1, 2018 (90 days)
Just for information, My wife also has the right to divorce me directly(talaq tahweez) which shows dishonesty and a tactic to lengthen the divorce process on their behalf by filing for khula instead.
I came to know about a khula case against me when I visited the Union Council for further advice and time after the last meeting was concluded(13/9/18). I did not attend in person as I live in Islamad and My inlaws, wife and union council is in Lahore.
After reconciliation attempts failed, My inlaws disclosed Court papers in union council (which they had been hiding all along union council meetings0 and asked to put a hold on divorce matter, People at union council were astonished themselves for my inlaws not declaring court case.
Can I ask the court on 3/10/18 to nullify khula case on these simple, logical and honest grounds
1. I have already divorced her, so a request for khula to court is illogical, and a just tactic to pressurize me and frustrate the divorce process
2. She has the right to get a divorce, delegated to her(talaq tahweez). She did not need the court intervention and if she truly wanted, she could have filed it directly to union council
Last thing: I have really suffered enough, this is just a small piece of torture, fraud and bullying I have gone through in the last 2 years. Not all men are bad. I truly and honestly want a divorce so I can pick the pieces and start my life again please be impartial when you advise
3 Answers from Attorneys
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Yes you can nullify the khula order and also file case for defamation and request to court to declare her cheater. You have good case. I can understand your situation. But this is our society dilemma, wife file case and play hide and seek with court and husband.
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Just provide the copy of divorce deed to the court on the date fixed and tell the judge that this case is infructious.. Court will dismiss her suit.. [email protected]
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