When a wife does not want to continue matrimonial relation with husband Due to any reason and husband refuses to give her divorce. Then she can file khula or divorce in family court of Pakistan under the Muslim Family Law Ordinance 1964. 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. Generally, in contested Khula/divorces, one party is interested in seeking Khula/divorce and the other is not in favor of the same. Under the concept of the contested Khula/divorce, the divorce is sought on the grounds of fault or guilt by one of the parties to the marriage.

Frequently Asked Questions

What is the Procedure of Khula in Pakistan?

Khula procedure in Pakistan means untying the knot. 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 get khula from his husband through family court under Muslim Family laws, she has a right to claim her past and present maintenance expenses. Moreover, child maintenance & monthly expenses under Muslim Family laws, wife can claim (Haq Mehar) dower and dowry articles (Jahez ka Saman) from him. Furthermore, she can claim gifted gold ornament in Khula Under Muslim Family laws. On the grounds that she can no longer live with her husband within the limits prescribed by ALLAH ALMIGHTY. Such a statement on oath made in her suit would be sufficient to establish her case for Khula.

What documents are required to file khula case in Pakistan?

For Khula / Divorce case, require your particulars and following documents  

• Copy of Nikah Nama.
• Copy of CNIC.
• Birth certificates of children. (if have children)

What documents are required to file khula case in Pakistan by overseas Pakistani women?

For Khula / Divorce case, require your particulars and following documents  

• Copy of Nikah Nama.
• Copy of CNIC.
• Birth certificates of children. (if have children)
• If you are overseas Pakistani woman want to proceed khula procedure in Pakistan then Special Power of Attorneynominating a person as her personal attorney or representative.

Now it is no matter you are living in Pakistan or abroad. We may act on your behalf and plead your Khula/divorce case in Pakistan.

Frequently Asked Questions

Is overseas Pakistani woman can file khula in Pakistan under Muslim Family laws?

Yes, Overseas Pakistani women living abroad can file online khula to get a divorce from family court in Pakistan. Most importantly, she must take some steps to fulfill the legal requirement of the procedure.

What 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.

• If where abouts of the husband are not known for four years.
• Husband has neglected or failed to provide maintenance.
• Husband is sentenced to imprisonment for a period of seven years or more.
• 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.
• If wife was married when she was minor.
• Further more, husband treats with cruelty.
• Husband Leads an infamous life.
• Husband Attempts to force her for immoral life.
• Venereal disease or 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.

Can a wife divorce her husband in Pakistan?

In Pakistan, a wife cannot divorce of her own. In such circumstances, a wife can dissolve the marriage by applying for khula from the family courts of Pakistan. This is also known as the dissolution of marriage as Judicial Divorce.

Can a woman claim dower (haq mehar) in Khula?

In Islamic law, the concept of dower is an essential part of marriage. Dower is a payment made by the husband to the wife as consideration for the marriage contract. The mahr is an amount of money or property that a husband gives to his wife as a part of the marriage contract. In case of khula, the wife may have to return the mahr to the husband, depending on the nature of the case. The wife may file a petition with the court requesting the payment of her dower. The court may then investigate the matter and make a ruling based on the evidence presented.

It’s worth noting that in some cases, the husband may have already paid the dower to the wife when they were married. In such cases, the wife would not be entitled to claim the dower again in the event of a khula. However, if the dower was never paid or only partially paid, the court may order the husband to pay the outstanding amount to the wife as part of the khula settlement.

Can a woman claim dowry articles (jahez ka saman) in Khula?

Yes, a woman can claim her dower (mahr) and dowry articles (jahez ka saman) in cases of khula.

It is important to note that the concept of “mahr” (also known as haq mehar or dower) and “jahez ka saman” (dowry articles) are different in nature.

The  dowry articles (jahez ka saman) are gifts or belongings that the bride brings to the husband’s house at the time of marriage. These belongings remain the property of the wife, and she has the right to claim it even in the case of Khula/divorce.

Further more, Under Muslim Family laws, wife can claim dowry articles. Wife needs to provide all details of dowry articles. it is better to provide list of dowry articles.

Is dissolution of marriage complete after obtaining khula decree from the court?

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. Divorce or khula is not valid unless or until obtaining final divorce certificate from authorities of Pakistan.

To obtain a marriage dissolution certificate from the Union Council in Pakistan after a decree of khula has been issued, the following procedure should be followed:

1. Obtain a certified copy of the khula decree from the relevant family court where the khula was granted.
2. Fill out an application form for the marriage dissolution certificate, which is available at the Union Council office. Provide all required information, including personal details and the reason for the marriage dissolution.
3. Submit the certified copy of the khula decree to the Union Council office in the area where the marriage took place.
4. Pay the fee for the marriage dissolution certificate, which varies depending on the location.
5. Wait for the Union Council to process the application and issue the marriage dissolution certificate. This usually takes a few weeks time.
6. Once the marriage dissolution certificate is issued, collect it from the Union Council office.

It’s important to note that the exact procedure may vary slightly depending on the specific regulations and practices of the Union Council in your area. Therefore, it’s best to check with the local Union Council office for any additional requirements or procedures.

Feel free to reach out to Global Law Company for further assistance or to schedule a consultation.