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.

27 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. 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

  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

  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

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