..::KHULA Divorce Procedure in Pakistan

Khula is an Islamic right of Muslim wife. She can take khula from her husband on many grounds. Some of these grounds are discussed in the section 2 of West Pakistan dissolution of Marriages Act, 1939.Moreover there is no right of appeal, right of review, right of revision and writ that lies once khula is granted by the court.

The procedure of khula is very simple in Pakistan. The wife has to file a plaint in the family court demanding khula. She has to leave haq mehr when she applies for that. Khula is usually granted in 4-6 months in Pakistan when it proceeds ex-parte and in other circumstances it also do not take much time.

 

..::Divorce/Talaq under Muslim Pakistani Laws

Dissolution of Marriage can be done by way of Talaq or Khula General Information A Muslim Marriage is a contract and can be dissolved like any other contract. It is automatically dissolved on the death of one of the spouses. Other than this, both wife and husband have legal and religious rights to dissolve a marriage. A husband has the unilateral right of talaq, which can never be taken away but can be restricted through the nikahnama. A wife can dissolve her marriage unilaterally only if the right of divorce has been unconditionally delegated to her by the husband in the nikahnama.

Other forms of dissolution of marriage which the wife can use are khula and judicial divorce (including option of puberty). These both have to be sought through the Family Courts.

No matter whether the marriage has been dissolved through talaq, khula or judicial divorce, it is vital that legal procedures be properly followed. Failure to do so can raise doubts about the effectiveness of the divorce and lead to serious legal problems, such as a case of bigamy and zina against a woman who later remarries, or difficulties in settling issues related to the divorce such as past maintenance or claiming deferred haq mehr. The paternity of children can also be disputed.

In addition to any court decree, the woman must make sure she collects her talaqnama certificate from the Union Council and keep it somewhere safe.

Talaq (Divorce)

As per Muslim Personal Law  and under section 7 of the Muslim Family Law Ordinance  the husband  pronounces talaq (oral or by way of Deed of Divorce) and sends written notice  by registered post to the Union Council, mentioning address of his ex- wife.  Thereafter the concerned  union Council sends a copy of the notice to wife  by registered post and it constitutes arbitration Council within 30 days of  receipt of notice. Once the iddat period (90 days from the date the union  council receives the talaq notice) is over, the union council will issue a  certificate of Talaq being effective to the husband and wife.

Please note that talaq is  not effective until the expiry of iddat period and failure to abide by law wil  cause a simple imprisonment for up to one year and/or a fine of up to Rs.  5000/-The Importance of Registered notice of Talaq

A verbal talaq is not  recognised by law and the husband’s failure to send written notice to the Union  Council makes the talaq ineffective. Even if the Union Council issues a  certificate of talaq, if notice was not properly served on the wife, the  talaq can be challenged.

This law was originally  designed to protect women from a instant and unrecorded divorce. Before 1979  and the introduction of the Zina Ordinance, a woman who was not properly  divorced and who later remarried could be punished for bigamy and sentenced up  to 7 years (or up to 10 years if she concealed the previous marriage) and only  on the complaint of her first husband. However, since 1979, bigamy makes a  woman liable to charges of zina which can carry very severe penalty such as  death. Therefore, it is vital for a woman to be absolutely clear about her  marital status and to have documentary proof that she is properly divorced.
Notice of talaq can be served on a wife (with the Union Council’s permission)  through her father, mother, adult brother or sister – but no other relatives.  If this is not possible because her whereabouts are not known and notice cannot  be served on her through her immediate family, the husband can still serve  notice through a newspaper approved by the Union Council.

Sometimes families make the  mistake of refusing to receive a registered notification, fearing that it  is notice of talaq. This is dangerous because notice can then be served through  a newspaper and the talaq will be effective, but the woman will be unaware of  her status.

Talaq-i-Tafweez and Mubarat  (Mutual Divorce)
In both of these forms of  divorce, there is no need to approach the courts, meaning that the marriage can  be dissolved rapidly, cheaply and with few procedural problems. In this case  both husband and wife may sign a Mutual Divorce Deed and send a written notice  under section 8 of the Muslim Family Law Ordinance  to the concerned union  council. The Union council will adopt the same procedure as of ordinary notice  of talaq.

On the other hand if wife  is delegated the Right of Divorce in her nikahnama (clause 18), then she is  entitled under the law to adopt the same procedure of talaq for a husband as  mentioned hereinabove.

Khula (Divorce by Wife  through Court)

If the wife is not  delegated the right of Divorce in her nikahnama  then she would need to apply for Khula. Khula,  which literally means ‘untying the knot’, is the dissolution of marriage  initiated by the wife and is granted by the court. To apply for Khula the wife  would need to file a suit for Khula in the Family Court under the West Pakistan  Family Courts Ordinance, on the grounds that she feels she can no long live  with her husband “within the limits prescribed by Allah’ and such a statement  on oath made in her suit would be sufficient to establish her case for Khula.

Dissolution of Muslim Marriages Act 1939 Judicial khula may also be granted without the husband’s consent if the wife is  willing to forgo her financial rights.

Grounds for Judicial Divorce Grounds on which a woman may seek khula include:

  • Desertion by husband for four years,
  • Failure to maintain for two years
  • Husband contracting a polygamous marriage in contravention of established legal procedures,
  • Husband’s imprisonment for seven years,
  • Husband’s failure to perform marital obligations for three years,
  • Husband’s continued impotence from the time of  the marriage
  • Husband’s insanity for two years or his serious  illness
  • Wife’s exercise of her option of puberty if she  was contracted into marriage by any guardian before the age of 16 and  repudiates the marriage before the age of 18 (as long as the marriage was not  consummated),
  • Husband’s cruelty (including physical or other  mistreatment, unequal treatment of co-wives),
  • Any other ground recognised as valid for the  dissolution of marriage under Muslim law

The Family Court will issue  decree and send notification to Union Council which proceeds as if it received  the notice of Talaq and once the iddat period of over the khula becomes  effective.

At the time of filing of  Khula suit the wife usually has to return haq mehr and other benefits received  from husband as zar-ikhula, gifts received from husband’s family do not have to  be returned court decides how much & what is to be returned on the facts of  the case wife’s failure to pay zar-i-khula does not render khula ineffective;  husband has to file separate suit for recovery of zar-i-khula

 

..::Free Legal Consultation With Pakistani Lawyers

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Our Law Firm provides full range of legal services and representation to Local and Overseas Pakistanis, Foreign Nationals, Business Groups, National and Multi-National Organizations in all types of legal matters and litigation in Pakistan

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We have very vigilant and aggressive approach in dealing with civil litigation including:

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Our Law firm successfully deals with Family cases relating to:

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Recovery of debts and money is very difficult and hectic in Pakistan. The best way to go against the defaulters is to choose the correct form of legal action at proper time otherwise you would suffer. Our law firm is very successfully providing legal services for recovery of bad debts and loan by initiating civil and criminal proceeding against defaulters in very vigilant manner. We aggressively pursue your debts beyond the power of any other debt collection firm in Pakistan. Our attorneys have extensive legal experience in
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In developed countries peoples sell, purchase and transfer property through lawyers and get avoid from fraud and legal complications. But unfortunately in Pakistan peoples directly go for this business, without verification the title deeds and legal status of the property and get trapped in frauds and legal complications. The best and safe way to sell, purchase and transfer of property is firstly to consult with lawyer for verification and checking the legal status of the property. This would save you from property frauds and loss of your money.

Our law firm advise and assists clients in sale, purchase and leasing of commercial, agricultural and residential properties. We successfully complete the whole process of verification and registration of title documents, procurement of revenue documents “Farad” and get mutation of names (Intiqal) in the revenue record.

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Unfortunately in Pakistan peoples don’t consult with Lawyers for drafting their Legal Documents. They get write-down these from in-experienced Deed Writers who don’t know the legal requirements which creates lot of legal complications for them in future. Always get the services of experienced legal expert for drafting of your precious Title Documents.

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