Khula divorce procedure in Pakistan
The procedure of khula in pakistan are defined in Muslim Family Laws. Before we discuss khula laws and its procedure in Pakistan. First we to understand what is khula and when wife can get khula from his husband through family court.Under Muslim Family laws How can wife claim her past and present maintenance amount and child maintenance amount or monthly expenses. Under Muslim Family laws how can wife claim her (Haq Mehar) dower and dowry articles (Jahez ka Saman). How can wife claim gifted gold ornament in her khula Under Muslim Family laws. Does overseas Pakistani woman living aboard file khula in pakistan with out coming to pakistan Under Muslim Family laws.
What is Khula and divorce in Pakistan.
When wife do not want to continue matrimonial relation with husband due to any reason and husband refused to give divorce to wife. Then wife can file khula / divorce in family court of pakistan. Which is called dissolution of marriage on basis of khula. Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court. A woman seeks a “khula” while man gives a “Talaq”.
Procedure of Khula in Pakistan.
Khula procedure is pakistan which literally means untying the knot. The dissolution of marriage initiated by the wife and is granted by the court. To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance. On the grounds that she feels she can no longer live with her husband within the limits prescribed by Allah. And 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. And the family court issues notice to the opposite party the husband. And if husband fails to appear after the 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. If reconciliation fails court will pass decree for dissolution of marriage on basis of Khula.
Khula / Divorce procedure for overseas Pakistani.
Khula for the overseas Pakistani woman living abroad can file khula to get divorce from family court Pakistan. She must have to adopt some step to fulfill the legal requirement of legal procedure. Under Muslim Family laws.
(i) She must execute a special power of attorney nominating any person as her personal attorney / representative. This power of attorney will be attested from Embassy of Pakistan or Pakistan High Commission in the country of her 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, will appoint a lawyer and sign the documents on her behalf for khula proceedings in the family court.
(iii) The personal representative then can file a case, appear before the family case on behalf of wife through a lawyer, in a family court for obtaining khula decree.
(iv) After obtaining Khula decree and judgment the special attorney can start proceeding in Arbitration Council can be initiated for obtaining Divorce Certificate. Keep in mind for arbitration special attorney have permission for overseas wife to appear and proceed through special power of attorney. If you wish to know how to get divorce marriage certificate in Pakistan you must contact our divorce lawyer in Lahore Pakistan.
Can wife claim her maintenance amount from Husband in Khula.
Under Muslim Family laws yes wife can claim her maintenance amount in case husband kicked out his wife from his house without any reason. According to the khula laws in pakistan wife can claim her past present maintenance allowance till iddat.
wife can claim maintenance allowance of child from husband.
According Under Muslim Family laws khula in Pakistan wife can claim in khula maintenance allowance for her child / children. And husband / father of the children are bound to pay maintenance allowance of the childern.
Does wife can claim in khula (haq mehar) dower and dowry articles (jahez ka saman).
Yes Under Muslim Family laws wife can claim in her khula dower and dowry articles. Wife have to provide all details of dowry articles. it is good to provide list of dowry articles.
What grounds are available to a wife to get dissolution of marriage other than khula.
As per Dissolution of Muslim Marriages Act a woman shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds:
Whereabouts of the husband not known for four years. If husband has neglected or failed to provide maintenance. That husband has sentenced to imprisonment for a period of seven years or upwards. The husband failed to perform marital obligations for a period of three years. Husband was impotent at the time of marriage. Or husband has been insane for two years. If wife was married when she was minor.
Husband treats with cruelty. Leads an infamous life; Attempts to force her immoral life; Venereal disease. Incurable form of leprosy. Disposes of her property, 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 also other grounds available to wife for the dissolution of marriages under Muslim Family Laws.
After obtaining khula decree from the court is dissolution of marriage is complete.
The answer is No, after obtaining Khula decree from the court you need to file an application before the Chairman Arbitration Council / Union Council of your jurisdiction for obtaining dissolution of marriage certificate.
Best divorce family lawyer in Lahore Pakistan
We are best divorce lawyer in Lahore Practicing in the Courts of Law in Pakistan. For your Khula / Divorce case we required your particulars and documents of Nikah. If you overseas Pakistani woman and want to proceed khula procedure in Pakistan then We will get Special Power of Attorney from you and on the powers given by you. We shall file a Divorce Case in a competent family court in Pakistan. So 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 our clients feelings and have unwavering commitment to protect their rights & interest. And we recognized the delicate nature of family and seek to ensure completion of tasks at hand on priority basis.
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