What is Khula ?
Khula is a legal procedure in Pakistan that allows a Muslim woman to seek a divorce from her husband through the Family court. It is the wife’s right to seek khula if she has valid grounds for divorce according to Islamic law. Here is a general overview of the khula procedure in Pakistan:
Khula Procedure
- Consultation with Our Expert Family Lawyer: Before proceeding with khula, it is advisable for the wife to consult with our professional Family Lawyer to ensure that her reasons for seeking khula are valid according to law.
- Filing a Khula Case/Petition: If reconciliation efforts fail, the wife can initiate the khula process by filing a petition in the Family court in the jurisdiction where the marriage was registered or where she resides.
- Grounds for Khula: The wife must provide valid grounds for seeking khula. Common grounds include cruelty, desertion, non-payment of maintenance, and incompatibility. The court will consider these grounds before granting khula.
- Khula Notice to the Husband: After filing the Khula petition, the court will serve notice/summon to the husband, informing him of the khula proceedings. He will be given the opportunity to respond to the petition.
- Attempt Reconciliation: After filing for khula case, the parties may attempt reconciliation through counseling and mediation. Islamic law encourages reconciliation between spouses.
- Court Proceedings in Khula case: The court will hold hearings and may attempt further reconciliation between the parties. If reconciliation is not possible, the court will proceed with the khula case and recorded the statements both the parties.
- Issuance of Khula Decree: If the court is satisfied with the wife’s grounds for khula, it will issue a khula decree. This decree legally terminates the marriage. The wife may be required to return the Haq-Mehr (dower amount) received at the time of marriage to the husband.
- Custody and Maintenance: The court may also address issues related to child custody and maintenance for the wife and children in the khula decree.
- Registration of Khula Decree: It is essential to register the khula decree with the Arbitration council or relevant authority to ensure its legal recognition.
- Legal Rights and Obligations: Once khula is granted, the wife is free to remarry if she wishes, while the husband is no longer obligated to provide for her financially.
Required Documents For Khula case
1, Id card copy of Female
2, Nikah Nama copy
3, Form-B or Birth certificate copy of Children (in case of children)
It is important to note that the specific procedures and requirements for khula may vary depending on the jurisdiction and the circumstances of the case. It is advisable to consult with our qualified family lawyer who can provide guidance and assistance throughout the khula process. Additionally, it’s essential to have a good understanding of both Islamic law and Pakistan’s legal system to navigate this process effectively.
Top of Form
For more info call us 0300-8500985 click the Link rb.gy/ndupgd