Get Certificate of Divorce by Nadra Before Rukhsati Legally (2022)

 

Certificate of Divorce Before Rukhsati:

 If you need divorce before rukhsati or divorce certificate in Pakistan, you may contact Jamila Law Associates. For Divorce Certificate Nadra & Nadra Divorce Certificate, U Need to Perform The Process of Pakistani Divorce Certificate. In the present case, held was not the minor who had agreed on himself; rather, that was through his defacto guardian, the mother. Agreement to sell was not the sale agreement of immovable property, but it was only a promise in the future irrelevant to divorce before rukhsati or divorce certificate in Pakistan.

Present Case:

 If the agreement had been made on behalf of the minor by a close relative, like the mother and prima facie was in the minor's interest, as in the present case, because the other co-sharers were selling their shares. It was not in the benefit of the minor to retain his share out of the joint Khata. There was a clear stipulation in the agreement that it shall obtain the permit from the Guardian Court before it made the sale; such agreement shall not be void or invalid.

Transaction Case:

Rather the same shall be an agreement, where the mother's competency to enter into the transaction and enforceability thereof shall be dependent upon the guardianship certificate and the permission of the Court; if it were granted, the agreement would become enforceable on divorce before rukhsati or divorce certificate in Pakistan. 

Still, otherwise, it shall have no legal value. In the present case, the agreement contained a stipulation about the permission of the Guardian Court. it was on account of said agreement by a specific reference that the permission was obtained and granted by the Court when the mother made the application wherein it mentioned that the sale was to the benefit of the minor and was meant to safeguard his interest on divorce before rukhsati or divorce certificate in Pakistan. Plea propounded by the minor at the time of execution of the agreement to sell in Circumstances was void, had no force, and was repelled by the High Court in appeal. 

Divorce Certificate in Pakistan:

Regarding the divorce before rukhsati or divorce certificate in Pakistan father of minors who subsequently was appointed their guardian agreed on the sale of the suit plot with the plaintiff after receiving the Amount as earnest money. Suit for appointment of a guardian by father of minors being pending, according to agreement of sale all expenses of said litigation was to be borne by plaintiff and father of minors after having been appointed as guardian of minors was to execute the sale deed in favor of the plaintiff after recurring balance amount. The minors' father was appointed guardian of minors, and he also obtained permission to alienate suit plot irrelevant to divorce before rukhsati or divorce certificate in Pakistan.

 

Further Details:

 Father of minor after that not only did not perform agreement arrived at between him and plaintiff, but also proceeded to sell suit plot to another person vide attested mutation. Plaintiff filed suit for specific performance resisted by defendant/father of minors among other things on the ground that agreement was violative of S.29 of Guardians and Wards Act, 1890. Courts concurrently decreed the suit. The defendant/father of minors had not specifically denied execution of an agreement of sale and receipt of earnest money. Even otherwise said agreements were proved by evidence of scribe and marginal witnesses for the divorce before rukhsati or divorce certificate in Pakistan.