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.
What is 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”.
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.
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.
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.
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.
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.
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.
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