Khula Process through court that is also known as Divorce through Family court in Pakistan
This is a very usual question that most people ask & they want to know how can they obtain divorce legally according to the law of Pakistan. There is a difference between the proceedings of divorce for husband & wife. Therefore We have divided both proceedings according to the person who wants to obtain a 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 for Dissolution of Marriage on basis of Khula in the family court of her area of residence. However, if the delegated right of divorce is given to her in the Nikah nama then she can file prepare a divorce deed and file her divorce case directly at the Union/Arbitration Council of her area. 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 whether the wife can file a khula suit in any family court in Pakistan or whether there are some limits to the institution of a divorce suit. A wife can file a Dissolution of Marriage suit in the family court where the wife is residing. Most of the women ask 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 tries to linger on the matter. If the 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 the Marriage with mutual consent, they no need to go to family court.
Step by Step Process of Khula
Proceeding Of Khula (Dissolution of Marriage)
When the wife files a suit for Dissolution of Marriage then in the whole proceeding she will be called a plaintiff & husband will be called a defendant.
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.
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.
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.
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.
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.
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.
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.
When reconciliation fails then court will issue decree of divorce.
Proceeding Of Divorce (Talaq) For Husband
Under Muslim family ordinance any man who gives divorce to his wife in any form he has to donate a notice in writing to the chairman of the union council & he has 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 the expiry of ninety days if reconciliation fails divorce will take effect.
Some primary FAQs about Khula Process in Pakistan
What is Khula Process?
Khula is the process of divorce, which is initiated by a wife through a Khula Lawyer.
The Khula Process in Pakistan was introduced to prevent women from being exploited and oppressed in society. The Khula Process in Pakistan is governed by the Muslim Family Laws Ordinance, 1961 (MFLO).
How long does a khula process take?
Where to file Khula Case in Pakistan?
In Pakistan, a Khula case is filed in the family court. A woman can initiate her Khula Process / Khula case in the family court in the city or district where you or your spouse currently reside. You will need to present your case to the judge and provide any necessary supporting documentation. It is recommended that you seek the assistance of a lawyer to help you navigate the legal process and ensure that your rights are protected. The judge will review your case and make a decision based on the evidence presented and the laws of Pakistan.
Who can file / initiate Khula Process in Pakistan?
In Pakistan, a Khula case can be filed by a Muslim woman who wishes to obtain a divorce from her husband. The woman must have a valid reason for seeking the divorce and may be asked to provide evidence to support her case. The husband must also be served with a notice of the Khula case and given the opportunity to contest the divorce. However, it is not necessary to obtain the husband’s permission for the grant of Khula.
It is important to note that Khula is only available to Muslim women in Pakistan. If you are not a Muslim woman, or if you are a man seeking a divorce, you will need to pursue other legal options. It is recommended that you seek the assistance of a lawyer to help you understand your rights and navigate the legal process.
Important Grounds for Khula In Pakistan
In Pakistan, the grounds for Khula are outlined in the Muslim Family Laws Ordinance 1961. According to the ordinance, a woman can file for Khula on the following grounds:
- The husband has failed to provide maintenance for the wife and children, despite having the means to do so.
- The husband has abandoned the wife and children without good reason.
- The husband has treated the wife cruelly, either physically or emotionally.
- The husband has been imprisoned for a period of time and is unlikely to be released.
- The husband has failed to perform his marital duties, such as providing a home for the family or engaging in sexual relations with the wife.
- The husband has a physical or mental illness that makes it impossible for him to fulfill his marital duties.
In order to obtain a Khula, the woman may be asked to provide the necessary evidence to support her claim. It has never happened in our experience that a wife insists on the grant of Khula and the court has refused to pass an order in the favour of the wife.
What are restrictions during khula in Pakistan?
Can Khula petition be filed through a power of attorney on someone's name?
In Pakistan, it is possible to file a Khula petition through a power of attorney, as long as the power of attorney is valid and the person filing the petition has been properly authorized to do so.
A Power of Attorney for Khula Process is a legal document that allows one person (the “principal”) to appoint another person (the “agent”) to act on their behalf. The agent is granted the authority to make decisions and take actions on behalf of the principal.
To file a Khula petition through a power of attorney, the principal must execute the power of attorney and grant the agent the authority to file the petition on their behalf. The agent must then present the power of attorney to the court and file the Khula petition.
It is important to note that the power of attorney must be properly executed and must comply with the requirements of Pakistani law. It is recommended that you seek the assistance of a lawyer to help you draft and execute the power of attorney and file the Khula petition.
When should the wife start the Khula process?
The timing of when a wife should start the Khula process will depend on her individual circumstances and the reason for seeking the divorce.
If the wife is experiencing abuse or mistreatment from her husband, she may want to start the Khula process as soon as possible to protect her safety and well-being.
On the other hand, if the wife is seeking a Khula due to other issues, such as a breakdown in the marriage or a lack of compatibility, she may want to explore other options, such as couples therapy or mediation, before starting the Khula process.
Ultimately, the decision to start the Khula process should be based on the wife’s individual circumstances and what is best for her and her family. Our best family law experts are always a call away if you have any questions about the Khula Process in Pakistan.
In which cities you can avail the services of our Khula lawyers for your Khula Process?
Can I see or Download a Sample Khulla Petition/Plaint Template in Pakistan?