Khula or Procedure of Divorce through court in Pakistan
This is a very usual question which mostly people ask & they want to know that how can they obtain divorce legally according to the law of Pakistan. There is difference between the proceedings of divorce for husband & wife. Therefore We have divided both proceedings according to the person who wants to obtain divorce.
Divorce (Khula) Procedure For Wife
If a wife wants to obtain a divorce without the consent of her husband then she will have to file a suit of Dissolution of Marriage. if delegated right of divorce is not given to her in the Nikah nama. The family courts in Pakistan issue a decree of divorce by the way of Khulla. According to Islam wife has the right to khula. It is a very significant question that the wife can file a khula suit in any family court of Pakistan or there are some limits for the institution of divorce suit? A wife can file a Dissolution of Marriage suit in family court where the wife is residing. Most of the women ask that how much time is required for getting a Decree of Dissolution of Marriage. So according to the law family court will decide the matter within 3 months. But unfortunately, usually, the counsel of the husband try to linger on the matter. If wife & husband want to dissolve their marriage with mutual consent. They have to execute an agreement without any pressure & free will. After the Dissolution of Marriage with mutual consent, they no need to go to family court.
01. Proceeding Of Khula (Dissolution of Marriage)
When wife file a suit for Dissolution of Marriage then in the whole proceeding she will be called as plaintiff & husband will be called as defendant.
02. Notice to defendant
When wife will file a suit for Dissolution of Marriage then family court will call to defendant (Husband) through notices. Wife or counsel (Lawyer) of the plaintiff (Wife) have to dispatch these notices through courier services or according to the orders of competent court.
03. Notice in Newspaper
In case of absence of the defendant (Husband) despite of notices then then court will issue an order of publication of this notice in the newspaper.
04. Non Appearance Of Defendant
If defendant ignore to the notices of court & do not appear before honorable court then court will start Ex Parte Proceedings. Ex Parte proceeding means the court will decide the matter on one side (Plaintiff’s) version.
05. Set Aside Of Ex Parte Proceedings
Defendant can appear before court at any stage of the case. Defendant have to file an application for set aside of ex parte proceedings.
06. Ex Parte Proceeding Decree
In ex parte proceedings court will record the statements of plaintiff & witnesses where they will tell the facts of unsuccessful marriage of plaintiff & defendant. After completion of statements of the plaintiff & witnesses court will issue decree of Dissolution of marriage. Usually ex parte decree takes 3 months of proceeding time.
07. Dissolution of marriage in the presence of defendant
After receiving of the notices if defendant appears before family court then he have to file the answer of plaintiffs suit. Defendant have to file answer of the suit para wise. After answer of the plaintiff’s suit now court will record statements of the plaintiff & plaintiff witnesses. Then defendant have to record his statement with the statements of his witnesses too. Now lawyers of the both will cross examine to plaintiff , defendant & witnesses.
08. Opportunity For Reconciliation
After completion of cross examine court will donate an opportunity for reconciliation. In reconciliation plaintiff & defendant can decide for future in lonely room. Where they can decide that they should live together or there is no way for reconciliation.
09. Final Orders
When reconciliation fails then court will issue decree of divorce.
10. Proceeding Of Divorce (Talaq) For Husband
Under Muslims family ordinance any man who gives divorce to his wife in any form he have to donate a notice in writing to the chairman of the union council & he have to send a copy of this divorce (Talaq) notice to her wife. After receiving this divorce notice chairman union council will constitute an arbitration for the purpose of reconciliation between husband & wife. After expiry of ninety days if reconciliation fails divorce will take effect.