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

پاکستان میں طلاق وخلع سے متعلق عدالتی طریقہ کار تجزیاتی مطالعہ

Abstract

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.