Judicial Procedure Of Divorce & Khula In Pakitan :An-Analytical Study

Iḥyāʾalʿulūm - Journal of Department of Quran o Sunnah(2021)

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摘要
Family laws are an essence in settling on and resolving all issues in any country and in this regard tangling disputes between spouses and issues of divorce and Khula are brought forth the courts so that these matters and issues can be resolve and sort out neutrally and fairly. The court procedure has grave importance for the finest resolution of such sort of issues and cases. Sometime, the matters and cases , which are brought forth the courts , turn into the worst situation and become more complicated than before due to an inadequate and derisory procedure, Thus, judicial procedure related to the Divorce and Khula is an immense perceptive and a sensitive matter. Moreover, the amendments to the Muslim Family Laws of 2001 in actual were aimed at dealing familial cases and matters promptly, resolve all those familial cases which women have to confront, as well as to ensure the protection of their rights. Under the sub- Section 4 of section 10 of the family court Act, October, 2005, the people have been facilitated by reducing to bare bones the procedure of Divorce and Khula. According to the legal connoisseurs , the divorce rate has increased after these facilitating amendments and the situation is that the courts are sharing out the divorce degrees like sweetmeats. While sometime, under such law the grievance of the oppressed woman comes forth. In such familial cases, laws as well as the procedure of the court proceedings is also a very delicate issue in which the rate of the divorce and Khula can significantly be reduced by doing some effective changes and reforms. However, in this research paper , the analyses of the court procedure , regarding the issues of divorce and khula would be presented on.
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