Legal Question in Family Law in Pakistan

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salam! if i submitted my certified khula decree by myself at union counil then whether union counil again start same procedure (of court) 2 notices n 1 somon in news paper for my ex husband) or not?

i spend almost three months (13 nov'10 - 9 feb'11) to fight a case to gain khula n maintenance of 6 years old baby girl.

my husband did not faced the case.

i paid already handsome amount on khula case as wkeel fee, for sommon notice on news paper expence , for getting decree from court n for certification of decree etc.

now i sent my khula papers to union coucil by post (april 2011) but no respone from union council.

if i m interested to get khula certificate from union council then is this necessory to appear in union coucil after submission of khula papers ??

why do i go again in union council ? i feel bitterly hatred with my ex husband because of his negligence n bad behaviour.

who will pay ? for sommon notice by union counil if my ex husband shows his ignorant behaviour.

i dont want to spend my time in union council .what shall i do ? how can i get easily my khula certificate without wasting my time,energy n money.

(my husband was jobless.he was suffering from sleeping disorder (insomnia). n my family supported me financially.my ex inlaws told lie before marriage (2003) about my ex husband's job,education n abt behaviour.

he used to beat me when i failed to arrange money for his addiction (churse,seductive medicine).

Me n my baby was in miserable condition with him.one day ((2007)he beat me n pushed me out of home.

i joined fmily n refused to carry my marital life in front of my father.i spent several years with my family on my family finance).he did not come n kept himself away out of touch.

my jhaiz n gold left with him.he was involve to sell house items for "nasha".)

Most probably my ex husband will not appear in union council.i also dont wana go union council.

is this possible to avoid notices for reconcilation from union council n finally get khula papers ??

i dont have any proof letters about current income of my ex husband n his marital status .

court charges 3000/= monthly maintenance for 6 years baby.

i m not needy of his maintenance but is this wise decision to file two more cases for jhaiz n maintenance etc ??

best regards.

from karachi.


Asked on 6/04/11, 7:38 pm

1 Answer from Attorneys
Irfan Haroon Irfan Haroon & Associates

yes but understand one thing that the union council is bound to issue certificate for dissolution of marriage within 90 days from the date of receipt of your intimation. Why dont you visit them and tell them that you have posted your decree in April 2011 and you have not received any reply or summons from them. My personal experience is that the people working over there are very nice, young, talented and polite and most of the time i have seen them going extra mile to help people. Once this issue is settle that the union council had received the copy of judgment or not and my advice in order to save time you take an extra copy with you along with application for issuance of certificate and thereafter you dont have to spend time in union council and on the date when you are summoned by them you can simply go with a statement that you dont want to to particpate in reconcilation proceedings and the certificate will be issued to you and the said procedure cannot be by pass. If you want to recover the amount you have to file execution proceedings and in the execution proceedings you can pray for the attachment of house hold items etc which your lawyer will be in a better position to explain.

Regards

Irfan Haroon

www.irfanharoon.com

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Answered on 6/05/11, 11:47 pm


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