Note: Names have been changed to protect the identity of the clients.

Nadir was happily married when he moved to Iran for work. His wife had to stay in Pakistan. He used to visit his wife whenever he had some holidays. One day, he called his beloved wife to tell her a surprise: he had landed Pakistan and was coming to meet his love. But alas! His love had an even bigger surprise ready for him. She forbade him to come home because, she said, she had already obtained Khula (Divorce) from him.

“How could this happen?”, thought Nadir. The answer was complicated – The lady approached the court for a decree of Khula but never told the court that her husband was not in Pakistan. She mislead the court into believing that her husband was deliberately not appearing before the court. Gaining the sympathy of the Honorable Court, she also managed to get an order that Nadir will pay her a certain maintenance amount for every month he has been absent.

Now, what remedy does the poor soul have?

We at Aijaz & Usman carefully studied the case and decided to challenge the decision of the Honorable Court. We went to the Appellate Court – a court you go to when you are dissatisfied with an order – and challenged the said order on the basis of fraud and misrepresentation. The Appellate Court entertained our submissions and after hearing arguments at length, directed that the trial will be held de novo i.e. the whole case will be heard again from the beginning.

This gave the couple a chance at redemption. This meant that the once-happy husband and wife could reconcile their differences and become one again. Yes, there must have been some differences which led to this feud, but anyway this is the law: The court will allow both parties to sit and talk out the differences and try to resolve their issue without breaking the marital tie. The question of monthly maintenance will also be decided again.

Whoever was initially in the wrong will now face a fair trial with lawyers on both sides to protect the interests of their clients. Fingers are crossed, and legal research is on full swing to make sure that this time no party may face any hardship and speedy justice is served.