Spectrum Law Associates being expert Marriage & Divorce Lawyers in Pakistan providing worldwide legal service for overseas Pakistanis including Foreigners who got registered marriage in Pakistan under Pakistan Family Law’1961 and now seeking to dissolve the marriage by way of Khula / Judicial Divorce.
DEFINITION FOR KHULA (JUDICIAL DIVORCE):
Khula Divorce – Khula procedure in Pakistan. The right of Divorce use by wife called “Khula (judicial divorce) may apply through the Family Court applying for Dissolution of marriage by way of Khula. The right of Khula is the legal and Islamic right granted to the Muslims women to seek a divorce from her husband without his consent while he refused to divorce his wife.
According to the Pakistan Family Law’1961, the judicial Khula meant to be authorized without the husband’s consent if the wife is agreed to surrender her financial rights.
Spectrum Law Associates providing legal assistance for featuring reliable documentation and matrimonial disputes resolutions. Regardless of whether the wedlock has been dissolved through Divorce (Talaq) Khula or judicial divorce, it is essential that legal procedures be correctly adopted as provided for Khula or judicial divorce may be sought through the Family Courts in Pakistan.
Spectrum Law Associates always ensure all legal aspects of the separation cases. Failing to do this can raise issues regarding the effectiveness of the divorce and result in severe legal issues, like a case of “bigamy” or complications in deciding issues associated with the divorce like past maintenance or claiming deferred dower amount (Haq-e-Mehr). The paternity of children may also be questioned.
Apart from any divorce decree, the woman must has to apply for Divorce Certificate from the Union Council called NADRA Divorce Certificate or NADRA Khula Certificate, according to the Dissolution of Muslim Marriages Act 1961, following issues may be the grounds upon which a woman may apply for Judicial divorce (Khula):
GROUNDS FOR JUDICIAL DIVORCE / KHULA:
- Desertion by husband for 4 years
- Failure to maintain for two years
- Husband contracting a polygamous marriage in contravention of established legal procedures
- Husband’s imprisonment for 7 years
- Husband’s failure to perform marital obligations for 3 years
- Husband’s constant impotence from the time of the marriage
- Husband’s insanity for 2 years or his serious illness
- Any other ground recognized as valid for the dissolution of marriage under Muslim law
The wife can exercise her option of puberty if she was contracted into marriage by her guardian before the age of 16 years and repudiates the marriage before the age of 18 (as long as the marriage was not consummated) the Husband’s cruelty (including physical or another mistreatment, unequal treatment of co-wives), and any other ground recognized as valid for the dissolution of marriage under Muslim law.
PROCEDURE FOR KHULA (JUDICIAL DIVORCE):
Wife when filing a Suit for Khula must waive-off her dower amount (Haq-e-Mehr) if it is not paid. Anything gifted to wife by husband or husband’s family don’t have to be returned necessarily because of bridal gifts. The court may decide how much and what to be returned on the facts and other evidence of the case. But In case wife’s failure to pay back such items it doesn’t render Khula ineffective, the husband has to file a separate suit for recovery of such gifted items.
After hearing the case for Khula, the Family court may issue a decree with direction to send an intimation to the Chairman Arbitration Council or Union Council who proceeds the parties for reconciliation within 30 days otherwise the Khula decree may become effective on expiry of 90 days in case of not joining the husband and wife. The Family Court may also issue a decree and send the notification to Union Council which proceeds as if it received the notice of Talaq and once the “Iddat period” (90 days) over the Khula becomes effective.
What is the meaning by “Khula”?
Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through the intervention of the court. A woman seeks a “khula” while the man gives a “Talaq”.
Can husband and wife dissolve their marriage through mutual consent?
Yes, they can dissolve their marriage through mutual agreement; the said divorce is called “Talaq-e-Mubarat” literal meaning of Mubarat is ‘obtaining release from each other’. The offer for separation in Mubarat may proceed either from the wife or from the husband and as soon as it is accepted dissolution is complete.
What is the law for custody of children for divorcing couples in Pakistan?
Guardian and Wards Act is the law, the family court can also entertain suit relating to custody of children according to the Family Courts Act 1964. The general rule is that the interest and welfare of the minor child should be of paramount consideration.
What is the procedure a husband should adopt to give divorce to his wife in Pakistan?
Under the Muslim Family Laws Ordinance, any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq / Divorce in any form whatsoever, give a notice in writing to the chairman of the Union Council and also send a copy to the wife. Within thirty days of the receipt of notice of Talaq chairman shall constitute an arbitration council for the purpose of bringing about reconciliation between the parties and after the expiry of ninety days if reconciliation fails divorce will take effect.
Can a Muslim wife pronounce the divorce?
Yes, the wife can pronounce divorce if she has a right of divorce (Talaq-e-Tafweez) delegated by her husband in Nikahnama (marriage contract) under the terms agreed in between husband and wife.