Consideration of Khula' (Divorce for consideration)
145.
Consideration of Khula' (Divorce for consideration) shall not be waiver of custody of children nor
anything of their rights.
Khula' (Divorce for Consideration) in cases of wrongful naming of consideration
146.
Khula' (Divorce for consideration) shall be valid in cases wherein the consideration is wrongfully named;
and consideration shall be void.
Consideration of Khula' (Divorce for consideration) mentioned
147.
Where: (a)
Consideration in Khula' (Divorce for consideration) is mentioned, what is mentioned shall be due;
(b)
No consideration in Khula' (Divorce, for consideration) is named the provisions of divorce shall apply;
(c)
Consideration is mentioned, and there is no word of Khula' (Divorce for consideration) or what is in its
meaning, it shall be divorce for property.
Definition of divorce for property
148.
Divorce for property is every divorce in which consideration is mentioned, without the word of Khula'
(Divorce for consideration) or what is in the meaning thereof.
lrretractiveness of divorce for property
149.
Divorce for property shall be inflicted as irretractive one, unless the consideration is avoided, whereupon it
shall be inflicted as retractive.
Lapse of divorce for property
150.
Divorce for property shall not lapse, or be exonerated, unless expressly if it is consideration for divorce.
Part III
Judicial Separation Chapter I
Judicial Divorce for Defect or Illness Divorce for defect or Illness
151.
{1) A wife may apply for judicial divorce from her husband for defect or chronic disease he has sustained
before the contract, and she has not known it, or it has occurred after the contact, and she has not consented thereto,
whether mental, or physical, which is not expected to be cured, or expected after more than one year and she
cannot live with him except with injury.
{2) Where the defect or illness expected to be cured before the expiry of one year, the court shall give the patient
the time of one year, before the judicial divorce.
Seeking the help of experts to know defect or illness
152.
Help of experts from specialists shall be sought to know the defect, or illness.
Chapter II
Judicial Divorce for Impotence Application for judicial divorce for impotence
153.
A wife may apply for judicial divorce by reason of impotence of her husband, whether the impotence is
before the contract, or sustained after the contract and consummation.
Right to apply for judicial divorce for impotence, to lapse by consent
154.
The right to apply for judicial divorce by reason of impotence shall not lapse by consent.
Medical examination
155.
The husband shall be referred for medical examination, in any of the following cases, namely: (a)
proof of impotence by his own admission.
(b)
his denial of impotence, and her virginity being proved by her examination;
(c)
his denial of impotence, and her non-virginity by medical examination and his recoil from oath;
(d)
his marriage thereof as not virgin and his denial of impotence upon pleading.
The two cases of impotence being proved incurable and curable
156.(1) Where it is proved by medical examination that impotence is not expected to be cured or expected to be
cured after more than one year, the court shall separate them, upon her application, without adjournment of the suit.
(2) Where it is proved by medical examination that impotence is curable, within less than one year, the judge shall
adjourn the suit for the period of one year.
Re-medical examination and the husband being proved cured
157.(1) Where the two parties dispute over the illness, after the period of adjournment, medical examination on the
husband shall be repeated to know recovery, or otherwise.
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