khula procedure in Pakistan

Online Khula Divorce procedure in Pakistan

The procedure of khula in Pakistan is defined in Muslim Family Laws. Besides, discussion on khula laws and its procedure in Pakistan. Firstly, we need to understand, what is khula. When a wife can get khula from his husband through family court. Under Muslim Family laws, claim of wife regarding her past and present maintenance expenses. Moreover, child maintenance & monthly expenses. Under Muslim Family laws, wife can claim her (Haq Mehar) dower and dowry articles (Jahez ka Saman). Furthermore, she can claim gifted gold ornament in hula Under Muslim Family laws.How can overseas Pakistani woman can file khula in pakistan under Muslim Family laws.

Difference in Khula and Divorce in Pakistan.

When a wife does not want to continue matrimonial relation with husband. Due to any reason and husband refuses to give a divorce. Then she can file khula or divorce in family court of Pakistan. This is called dissolution of marriage on basis of khula. Khula is the right of a wife in Islam to seek dissolution of marriage through intervention of the court. A woman seeks a “khula” while a man gives a “Talaq”.

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Can wife claim her maintenance amount from Husband in Khula.

Under Muslim Family laws, a wife can claim her maintenance amount in case husband refuses to own. According to the khula laws in Pakistan wife can claim her past present maintenance amount till iddat.

wife can claim maintenance allowance of child from husband.

According to Muslim Family laws khula in Pakistan. A wife can claim maintenance allowance for her children in Khula. Moreover, husband or father of the children is bound to pay maintenance allowance.

Claim of (haq mehar) dower and dowry articles (jahez ka saman) in Khula.

Further more, Under Muslim Family laws wife can claim dower and dowry articles. Wife needs to provide all details of dowry articles. it is better to provide list of dowry articles.

Is dissolution of marriage complete after obtaining khula decree from the court.

The answer is No. After obtaining Khula decree from the court you need to file an application. To the Chairman Arbitration Council or Union Council of your jurisdiction for obtaining dissolution of marriage certificate.

Procedure of Khula in Pakistan.

Most Importantly, Khula procedure in Pakistan means untying the knot. The dissolution of marriage initiated by the wife but it is granted by the court. To apply for Khula a wife needs to file a suit for Khula in the Family Court. Under the West Pakistan Family Courts Ordinance. On the grounds that she can no longer live with her husband within the limits prescribed by Allah. Finally, such a statement on oath made in her suit would be sufficient to establish her case for Khula.

When wife files a suit for dissolution of marriage on basis of khula. The family court issues notice to the opposite party, the husband.  And if husband fails to appear after a due process of posting and publication in news paper. The court can proceed with the case ex-parte and pass a decree. In case where the husband or his representative appear he is required to file a written statement. Following which the court has to fix a date for pre-trial proceedings for reconciliation. Besides, if reconciliation fails, court will pass decree for dissolution of marriage on basis of Khula.

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Online Khula / Divorce procedure for overseas Pakistani.

Overseas Pakistani women living abroad can file online khula to get a divorce from family court Pakistan. Most importantly, she must take some steps to fulfill the legal requirement of the procedure. Clearly mentioned under Muslim Family laws.

(i) She must execute a special power of attorney nominating a person as her personal attorney or representative. This power of attorney will be attested from Embassy of Pakistan or The High Commission in her country of stay. It must be attested from the Ministry of Foreign Affairs in Pakistan.

(ii) The Special attorney nominated by the wife should have power to represent her. She must appoint a lawyer and sign the documents on his behalf. In order to, initiate khula proceedings in the family court.

(iii) The personal representative can file a case. Appear before the family court, on behalf of wife through a lawyer, in a family court. To obtain a khula degree.

(iv) After obtaining Khula degree and judgment the special attorney can start proceeding in Arbitration Council. This is initiated for obtaining a divorce certificate. Above all, for arbitration special attorney must have permission form overseas wife. In order to to appear and proceed through special power of attorney. If you wish to know how to get divorce or marriage certificate in Pakistan. You  can contact our divorce lawyer in Lahore Pakistan.

 

Grounds available to a wife to get dissolution of marriage other than khula. 

As per Dissolution of Muslim Marriages Act a woman has right to obtain a decree for the dissolution of marriage. Taking into consideration any one or more of the following grounds.

Firstly, If whereabouts of the husband are not known for four years. Secondly, husband has neglected or failed to provide maintenance. Thirdly, husband is sentenced to imprisonment for a period of seven years or more. Moreover, husband failed to perform marital obligations for a period of three years. Above all, husband was impotent at the time of marriage. Or husband has been insane for two years. If wife was married when she was minor.

Further more, husband treats with cruelty. Leads an infamous life. Attempts to force her for immoral life. Venereal disease. Incurable form of leprosy. Disposes off her property or obstructs her in observance of her religious practice. If she cannot live with the husband within the limitation imposed by the Almighty Allah.

Beside above, there are other grounds available to wife for the dissolution of marriages under Muslim Family Laws.

Best divorce family lawyer in Lahore Pakistan.

We are best divorce lawyers in Lahore. Practicing in the Courts of Law in Pakistan. For Khula / Divorce case we require your particulars and documents of Nikah. If you are overseas Pakistani woman. Moreover, want to proceed khula procedure in Pakistan then We need Special Power of Attorney from you.  We shall file a Divorce Case in a competent family court in Pakistan. In conclusion, now it is no matter you are living in Pakistan or abroad. We may act on your behalf and plead your Khula divorce.

That we are the best law firm in Lahore with best divorce lawyers in Lahore Pakistan. We understand clients feelings and have unwavering commitment to protect their rights & interest. We recognize the delicate nature of a family. Therefore, we seek to ensure completion of tasks on priority basis.

Other legal services provided by us in Lahore Pakistan.

 International divorce, international Khula,  child custody,  legal noticeCourt marriage Online Nikah, Nadra marriage certificate in Pakistan Divorce,  Dissolution of marriage,  Khula, Nadra divorce certificates in Pakistan, Succession certificate, Guardian certificate, Custody of minors, Maintenance of wife and children, Dowry article,  All types of criminal cases in Pakistan.

81 thoughts on “Khula Procedure in Pakistan”

  1. I recently filed a khula case against my husband. He didn’t show up in any court’s dates. So, the court gave me the benefit of ex-parte. Now, my lawyer has filed another case against him for return of my clothing articles and dowry items. I’m doubtful that he might not respond to those notices also. My question is, in such cases what does the court do? How they make the husband to return back what is rightfully his wife’s property?

      1. Last year my sister in law filed khula .. we have received hearing notices but my brother was not in Pakistan to appear in court (covid travel restrictions),although he wanted to.. the question is khula done even if husband was not present or even given chance to give his verdict.Can we file second round of hearing?or is it done?no dissolution of nikkah from Union council has been filed from both parties.

    1. Khula is considered as right and after getting your statement in accordance with the plaint’s Ground the court will immediately pass the decree of the case is exparte but if the case is contesting by other party then there is procedure of mediation and after that the proceedings will come to its fate….

      The second suit need evidence admissible by court along with documentary evidence….
      Then the same will be decided accordingly

    2. Khula is considered as right and after getting your statement in accordance with the plaint’s Ground the court will immediately pass the decree of the case is exparte but if the case is contesting by other party then there is procedure of mediation and after that the proceedings will come to its fate….

      The second suit need evidence uadmissible by court along with documentary evidence….
      Then the same will be decided accordingly

    3. Court May pass the decree of return the dowry articles and than that decree may send for execution

  2. I am in pakistan and my husband is in UK. I want khula and if my husband is willing to give khula on mutual consent even then I have to file a case or we can just sign a document of khula to avoid court hearings ? Thanks

    1. Please suggest.if the judge issue an order of khula but sign was not done of both wife and husband . In this case..sing is necessary on khula documents of both ..wife and hasband..?have confusing regarding this.in previous month order issued by judge..

  3. Can a lady revok the order of khula which was granted in her suit of dissolution of marriage,
    After receiving decre now she and her ex husband is ready to join each other,
    In which provision she have right an application to restore the suit

  4. My daughter is 2 years old n my son is 1 year old …I want to take khula from husband as we have an extremely abusive relation….my question is that what does law say abt these infant custody could I want to live with my kids

    1. In khula case custody of children will not discuss but if your husband wants kids custody he have to file seprate case in guardian court. But in your situation your have more rights then your husband/ kids father. After khula you will have kids custody. Hizanat of kids in mother favour.

  5. i asked some question about my verbal divorce and ask some advice .i thankful that adviser quickly answered and give a good advice that what should i do next.

  6. Faiza applied for khula.us ka nikah hoa,mgr rukhsati nh hoi.admi talak nh Dyna chahta mgr faiza rukhsati sy pahly khula mang rai.court ny khula case ki pahli hearing mn admi Ko bulaya mgr admi nh gaya.kya hearing mn na janay py admi KO police pakar k ly jay gi?

  7. My wife filed suit for khulah but notice sent to wrong address and advertised in paper which has no circulation in city where i m residing. The facts given were baseless. Court given decree and now i have appealed for reconcilation. My wife nothing claimed. If my application is rejected or my wife not agreed for reconcilation then she can claim any thing dowery other things were not given by her parents.

  8. Hello there i just need to confirm if a lady filed an case of khula in family court and husband showed on every date and its been 3 months and man never showed into the union council and they wants to rejoin each other so is it halal or in other words is it possible if court issued decree

  9. Aoa my question is If wife filed a case of khula today. But now in evening everything is cleared between both parties. Aur ab wo notice nhi chahty k ghr tk ay. Aur case close krny ka bola ho lawyer se b. To ye janna hai k kya same day hi notice issue ho jata hai jis din file kiya jy case? Ya kuch din ya wqt lgty hain ?

    1. Ye lawyer per depend karta hai notice same day koie be send nie karta agar hu be jay tu koie faraq nie parta ap ke wife case withdraw kar layien gee. Its routine matter ap kay wakeel sahib handle kar layien gay. Jab case he wapis hu jay tu notice be khtam. Keep in mind family Court reconciliation ko zayda preference karti hai instead khula ya talaq ko. Thanks

  10. Aoa,
    I want to take khulla from my husband.
    Haq mehr was paid at the time of nikkah
    Ghair mujjal was: inder talab ada kiya jaye ga
    Jewelry was gifted
    Can i have to gv back the haq mehr amount and jewelry?? If i opt for khulla..
    Whats the law says abt this matter

  11. Assllam o Alaikum…
    My cousin get khula because of immoral behavior of her Husband’s Family even his husband to. After khula her husband is filing cases for child custody.. my cousin has daughter from him. As he didn’t considered her as his child, even didn’t ever paid any necessity. My cousin is a dentist and earning enough to take care of her daughter but she also want fullfil other marital needs and also a good person for her daughter. But here surroundings are psychological threatening that if she get second marriage license so the custody will be transfered to her Ex.
    So here I want to ask that:
    Q: is there any custody law which may prefere child custody to male?
    As he never ever considered her daughter but now he is false accusing for maintenance etc. Which are totally bogus..
    Q: if she get second marriage is it true that her daughter custody will be transfere to her Ex?
    Q: is there any custody issue which may her Ex can claim? Now a days he is threatening and disturbing her regarding custody and second marriage etc.. daughter age 2 years

  12. How many months does it take to finalise khula by the court? What about 7 years old daughter’s custody?will the mother have the custody if the father applies for it? Are there any conditions that mother need to fulfill to have the daughters custody?

  13. Asalamalaikum my husband is cheating me from so many years now he told me about his second wife he got married without my permission and even I didn’t know about it he always fight in front of my kids abuse me spitting on my face is normal routine I don’t have parents or siblings who can support me all I want from him just leave me in respectful manner but he threatened me that he will ruin my respect in court pls guide me

  14. Assalam o alaikum
    Sir kya ak orat talak k papers pr sign krne pr raqam maaf krne k ak saal bad claim kr skti h ??

  15. Salam Aliqum ,can a wife file a khulaa case after 3 or more months of marriage ? While husband is abroad .

  16. I want to file a Khula and don’t know how ,im a foreigner and my husband and I always to fight,.im hoping you can help me .

  17. Aoa, my wife cheated on me since 2 years, she was already divorced n having 2 boy kids and now we have 1 more boy kid. Having 3 Boy kids now. 1st Boy age 10 years, 2nd boy age 7 years and 3rd boy age 3 years. How can i get three kids or last kid, age 3 years from that lady. I have all the evidence of her affairs and now she is not willing to stay with me. She said to get divorced or Khula by Court.
    Need your guidance on my son custody age 3 years, or is there any way to compromise for next.
    Thanks

  18. Hi. I have applied for khula but my husband took it on his ego that i asked for it. He is threatening to file a case against me for abuse and said that he will himself give me Talaq. I want to take Khula and not Talaq.
    My question is that can he give me Talaq after I have filled a Khula in court? If he does, will i get certificate of Khula or it will call Talaq?
    If its Talaq then does he need to pay Haq-Mehr or not?

  19. If wife wants to take Khula without rukhsati, as rukhsati is not done. And if Husband is in abroad, so can wife send him khulanama through WhatsApp? AUr kya ase hi wo sign kr k scan krwa k WhatsApp pe send kr skta? Is it possible?
    Or should they need to post it on his address through tcs?
    As husband is willing to sign on the papers. But he is not willing to send divorce ppr by his own, he said if you want khula then you can send papers to me , I’ll sign on it.
    Jin judge k pas case hai unho ne kaha k WhatsApp kr dein pprs ya post kr dein, it’s up to you.

  20. My maid want to file khula from her ex-husband but she is aware of the fact that her husband will not show up. In this case how many days will be required to get khula from husband? Moreover she didn’t have her CNIC or birth certificate too. What documents are required to file a khula?

  21. Aslaualikum sir plz plz plz hamre help kry mer even ik goverment teacher h usk husband police cinsitibal h 3 bachy h enk aay roz mera behnoi mer even ko maar k maiky bej deta h ahir kar ab ham n khula ka case kia h …pwe wo pwhli hearing m paish ne hua..mera sawal h h k es hal m school ka kia jay q k maika r susral difrent district m h r behnoi ki approach deo ceo tak h wo chuti b ne sighn hony dy rhaa ..bas hamy torcher kar rha h k talak b ne dene r jenny b ne dena r cout lambi labi daty dalti ja rhe ham gareeb log h kia kry ….apka ehsan hogaa ans dejeay ga

  22. Asalam o alikum ,If girl want to take khula before rakhsati but her parents are against her can she take khula herself without any other person support ? Is their any security for girl if she take khula and her parents do wrongdoings to her?? Is their any law for girl security that she can be protected from her family ?

  23. Asalam o alaikum . Meri shadi ko 9 months hogaye hain aur shadi meri marzi k baghair hui hai . Ab main khulah lena chahti hun q k wo divorce denay k liye tyaar nahi hainn . Toh jab court meray inlaws ko notice bhejay gi toh kia wo koi masla bana saktay hain ? Jis say khulah na ho sakay .?

  24. Assalamualaikum… Meri shadi ko 3.4 months huye thay but kuch serious issues ki wajah say menay legal tareeqay say apni wife ko divorce day di thi divorce denay say pehlay bhi aur denay kay bad bhi mujhay uskay ghr walon nay kaafi dhamkiyan di’n aur ab recently mujhay whatsapp pay Dissolution of Marriage by the way Khulla ka notice aya hai, mujhay samajh nahi aya kay divorce denay kay bad unhon ye case kiun file keya hai, aur ab mujhay kia karna chahiye please guide

  25. I want khula from husband but my family don’t support me so can I case khula without permission of my family

  26. What is the complete procedure for getting khula? I have 4 kids and 1 son is 18 years old now. I told severe times to my husband but he refuses. I need the khula and want to have monthly expenses of my kids as well. Please guide me to every steps I will be grateful to you. Further how long is this procedure. If my husband makes problems does the court decide the decision by own? In Islam is this legal? I am extremely worried and need your guidance and provide a female Lawyer with her no please.

  27. Hello. My marriage was registered in Seychelles. It was never registered in Pakistan. But I am a Pakistani and ordinarily reside in Pakistan. Can I obtain Khula or divorce in Pakistan? My husband is in Canada and he is foreigner

  28. AOA.
    I would like to file a case for children custody as a father. How long this procedure can take? Please guide how to expedite the procedure

  29. Salam
    I am a UK national and was married from a women in pakistan

    It seems the family court/union council have issued a Khala without my knowledge (no letters were sent out to me). I believe the union council was given bribe to issue the Khula:-(
    She has also taken 20 tola of gold which they refused to return – the gold was not a gift

    Now the my ex wife is married again – however I want to challenge this in court.
    What are my options?

  30. Aoa main apny husband sa khula laina chahti hn wo log mjhy bht marty hain r mery maan bap mjhy un k sth dobara behjny ko tear hain lkn main ni jana chahti mjhy koi lawyer arrange kar k da sakta ha mjhy foran case karna ha r mjhy un logon sa chutkara chahey plz

  31. I want to take khula from my Husband ,He is settled in japan Namra Riaz Pak-PWD Society O-9 Islamabad Watsapp

  32. I was about to have my second baby, so my husband and my mother-in-law kicked me out of the house, and for nine months I have been living in my father’s house, and he has been raising me all the time, and my husband has not given me anything. Since month and no contact etc. I have tried to go back home couple of times but again they misbehaved and played pranks then I went back home all my stuff is also lying there but now my delivery is done. Yes, the second baby has happened but still nothing has changed, so what should I do now? Tell me how the case can be made against this person to give me my right and whatever my expenses etc. and what is my right as dowry etc. How can I get back that and all my belongings lying there?

    1. You asked so many things in just one question. You can file case against your husband child maintenance and your maintenance and delivery expensive after 2nd kid born.
      Now about your dowry articles you can also claim in family court if your husband isn’t ready to give back then court will order to return the dowry or it’s equailant price.

  33. As-salamu alaykum
    I’m a 24 years old currently living in Italy, meei family ne forcefully made me marry my cousin and I don’t want continue this marriage want khula but i have no knowledge how to because i live overseas need some help.

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