Legal Question in Family Law in Pakistan
i filed khula case on 13 nov 2010 and recieved khula decree on 9 feb 2011 .my husband /his family did not apppear in court.
court granted 3000/ monthly maintenance of baby girl 6 years old.with 10% increment annually from date of admission of case (13 nov 2010).
i deposited my khula letters etc by post to union counsil on april 2011.
I did not recieve khula certificate from union council yet.
when will i get khula certificate ?
what will i have to follow next steps after khula ?
my husband did not pay any single penny yet.REGARDS
from karachi.
1 Answer from Attorneys
Union Council is bound to issue certificate of divorce within 90 days from the date of receipt of certified copy of Khula. The procedure is that after the receipt of intimation of Khula by any of the party the union council issues notices both the parties for arbitration, however, if the said procedure is failed then the union council is bound to issue the certificate of divorce to both the parties. In case of ex parte the Union Council also publish the summons in the news papers to the other party and thereafter being satisfied that the service is held upon good in the party not present before the union council the certificate is issued. I suggest that since you have sent the decree of khula by post which might have not been received or if received might have been lost in the process as such in our opinion you pay a personal visit along with application and certified copy of decree of khula and request for issaunce of notices to your ex husband and if he fails to appear after issuance of two notices then you can request for the publication of summons in the news paper and thereafter the certificate of dissolution of marriage will be issued to you.
With regards to the monthly maintenance you may file execution application before the court who had passed the decree and if you have the knowledge of your husband means of income i.e. if he is working in some organisation you may ask for attachment of his salary or if he is doing business you may ask for attachment of his accuonts, house, other assets which he owns. We hope that the above will be suffice however if you need further clarification please feel free to contact us.
Regards
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Question had already been asked.now answer is required. Asked 6/02/11, 5:03 am in Pakistan Family Law, Divorce, Child Custody and Adoption