Direction in Talaq Procedure in Pakistan:

The wife’s statement and terms and conditions of the talaq procedure in Pakistan were also ignored from consideration by the Courts below, which had resulted in grave injustice to the wife. The case was remanded to Family Court for decision afresh, based on evidence on record, on its merits. Favor to the plaintiff with direction to return the benefits to the husband. Payment of benefits creates a direction contained in the decree that can be enforced by the Family Court itself. Decree of talaq procedure in Pakistan with direction to wife for return of benefits to husband would be within scope. It brings within its ambit all decrees which concern or pertain to payment of money. Khula decree with direction to wife for return of benefits to husband would be within the scope of s 12(3) and entitles husband to seek execution of a decree for return of benefits. The contention that direction in talaq procedure in Pakistan for return of benefits creates a civil liability.

Civil court:

As such, the husband must resort to Civil Court to recover the number of benefits rejected as misconceived and based on a misconception of reported judgments. Contention, if accepted, would be against the object of the Family Courts Act enacted to shorten litigation between parties in family matters. (ii) If the amount which wife IS required to pay stands quantified, there is no reason why another suit before Civil Court should be necessary for enforcing direction in Khula decree for return of benefits by payment of the quantified amount. To be invoked by wife on offering compensation to husband for her release. Offer to return or repay all gifts or part of it or even more voluntarily made my wife and accepted my husband.

Khula:

Khula to be permissible or completion of such offer and acceptance is valid. Held further: In case of such offer being not accepted by husband, discretion to be left with Court to pronounce ordering return of gift or benefits received by the wife from husband in consideration of marriage provided Judge be satisfied regarding there is no possibility of parties living happy and harmonious married life within limits O God.2 49 compensation and rather. Wife invoking Khula making no offer of compensation and declining to return ornaments admittedly given to her by husband at the time of marriage was not maintained. The wife is bound to restore the benefits she had received from her husband in the talaq procedure in Pakistan.

Specific demand:

The wife is bound to restore benefits that she had received from her husband instead of marriage Court is not called upon to direct restoration unless the husband makes a specific demand. Order of Court for restoration in the absence of particular demand by the husband would be illegal. The husband is not entitled to return any benefits. Husband is not entitled to return of any benefits in case he fails to plead or prove payment of benefits to wife at the time of marriage. Return of benefits which wife had derived on account of marriage is not a condition precedent to dissolution.

Khula Decree:

Khula decree made conditional upon return of benefits operates to dissolve marriage when it is passed. Its effect is not postponed till the return of benefits by the wife. The direction in Khula’s decree to return benefits would create civil liability for a wife. Non-payment of stipulated consideration of Khula does not invalidate dissolution of marriage by talaq procedure in Pakistan. Inquiry into terms on which dissolution shall take place does not affect the conclusion that parties cannot remain within the limits of God.