Get Lawyer For Know About Retraction of Divorce Procedure in Pakistan Legally

Retraction of Divorce Procedure in Pakistan:

Nazia Law Associates is the best law firm to follow the divorce procedure in Pakistan. The word retraction is undertaken by words or by conduct. Statements like "I have retracted the divorce," "I have taken you back," "I have made her return" or any other words that convey the meaning of the retraction of divorce procedure in Pakistan pronounced earlier amount to ruju. It is not required that witnesses be taken for this form of retraction, but jurists consider this to be recommended and better to avoid subsequent disputes. Retraction by conduct occurs when the husband has intercourse with his wife or even physical contact with a desire that falls short of actual sexual intercourse. As the retraction of divorce procedure in Pakistan depends upon the will of the husband and not the wife, it will not be retraction if the wife has physical contact with the husband. It is recommended that the wife seek adornment (assuming that she is staying in her husband's house) to make the husband incline towards her.

Period of the Procedure of Divorce in Pakistan:

Among the conditions of retraction is the continuation of the waiting period. If the husband does not take back his wife, within the waiting period, the divorce becomes irrevocable (bain) and the husband and wife can only come together through remarriage. A conditional retraction, one associated with the future or one that stipulates an option is not valid. The husband does not possess the right of retraction after a divorce procedure in Pakistan that is irrevocable (bain) or separation resulting from khula, lian, and also when the right of divorce has been granted to the wife through different kinds of statements. The husband does not possess the right of ruju'' when there has been proper seclusion, but he claims that he did not have intercourse with his wife The same applies when the woman was menstruating at the time of seclusion, was in a state of ihram, was in a state of fasting due to Ramadan, or was suffering from a defect that prevents sexual intercourse. If the husband was suffering from defect-like impotence, castration, mutilation of the organ at the time of seclusion, he does not possess the right of ruju.

The Legal Effect of Divorce procedure in Pakistan:

The legal effects of less than three irrevocable divorces Bain (irrevocable) divorce procedure in Pakistan are of two types: three divorces (see next section); and less than three divorces (two or one) qualified as irrevocable The primary legal effect for one divorce qualified as irrevocable or two divorces qualified as irrevocable, is the loss of number required to give finality to divorce as well as the loss of ownership of physical access. Accordingly, it is no longer permissible for the husband to undertake ruju or have sexual intercourse with his wife. Further, the husband can no longer pronounce Ila or zihar nor can lian take place between the spouses. If one of them dies, they cannot inherit from each other. The prohibition arising from such a divorce procedure in Pakistan is not enhanced and does not prohibit the woman perpetually for the husband. He can, therefore, remarry the woman within the waiting period or after it without an intervening marriage that is required in the case of enhanced prohibition.

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