Divorce Law in Pakistan (Khula)
When husband and wife cannot live happily together within the limits prescribed by Allah Almighty then they can dissolve their marriage through divorce or Khula.
The husband can pronounce divorce and Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court.
Grounds of Khula
- Whereabouts of husband not known for four years.
- Husband has neglected or failed to provide maintenance.
- Husband has sentenced to imprisonment for a period of seven years or upwards.
- Husband failed to perform marital obligations for a period of three years.
- Husband was impotent at the time of marriage.
- Husband has been insane for two years.
- Wife was married when she was minor.
- Husband treats with cruelty.
- Husband leads an infamous life.
- Husband attempts to force her immoral life.
- Venereal disease.
- Incurable form of leprosy.
- Husband disposes of her property.
- Obstructs her in observance of her religious practice.
- If wife cannot live with the husband within the limitation imposed by the Almighty Allah.
Procedure of Khula
When the wife files a suit for dissolution of marriage, the court issue notices to the husband, affixation of notices and newspaper advertisement orders at the same time. If the husband fails to appear before the court after the due process, the court can proceed with the case ex-parte and pass a decree.
In case the husband or his representative appear before the court, he is required to file a written statement then the court fix a date for pre-trial proceedings for reconciliation. If reconciliation fails, court will pass a decree for dissolution of marriage.
Role of Union Council in Khula
After obtaining Khula decree from the court you need to file an application before the Union Council of your jurisdiction for obtaining dissolution of marriage certificate.
The Chairman arbitration issue three notices to the husband for reconciliation. If husband fails to appear after three notices, the chairman arbitration council issued dissolution of marriage certificate.
Place where case of Khula can be filed
The wife can file her case of Khula where she ordinarily resides.
Custody of Minors, Maintenance and Recovery of Dower and Dowry Articles
Case for the Custody of Minors, Maintenance of Minors and wife and Recovery of Dower and Dowry Articles can also be filed with the case of Dissolution Marriage / Khula. For the purpose of strengthen the case of Recovery of Dowry Articles, a List of Dowry Articles with serial Numbers and Prices along with receipts are necessary.
Procedure of filing divorce case by Overseas Pakistanis
The Overseas Pakistani can also file her case Khula without coming to Pakistan but for that purpose, her marriage should be registered in Pakistan, she can appoint someone through Special Power of Attorney who will represent her on her behalf in the court.
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