KHULA PROCEDURE OR PROCEDURE OF DIVORCE THROUGH FAMILY COURT IN PAKISTAN
Khulla by definition is form of divorce according to which a husband denies to divorce wife and wife seeks divorce through a prescribed law. If wife wants to obtain divorce then she will have to file a suit of Dissolution of Marriage in Family court of her area and Family Court will issue a decree of divorce after hearing the case. khula is right given to the female in Islam as well so the Pakistani Laws. However, there are very important questions…
- When and how a wife can file khula suit in family court
- Are any limits for institution of divorce suit?
- How much time required for getting decree of Dissolution of Marriage?
- Can a woman remarry the same husband without intervention of third person i.e (HALALA) after khulla decree?
According to the Pakistani Family laws, a family court will decide the matter within 3 month. But unfortunately in many cities of Pakistan this does not happen and case may linger upto 5 or sometimes 6 months in total. After getting Khulla decree the matter is sent to concerned Union Council for the issuance of Divorce Effectiveness Certificate.
Questions 1: When and how a wife can file khula suit in family court?
Answer: When a wife feels that she cannot perform her matrimonial obligations due to any reasons and she also do not have “delegated right of divorce” in the column 18 of her Nikahnamma then she will have to seek the khulla decree from a family court. It is also called filling a suit for dissolution of marriage in the court.
Question 2: Are any limits for institution of divorce suit?
Answer: As per Pakistani Family Laws a woman is entitled to seek a decree of marriage dissolution on any or more of the following grounds: Husband is missing for four or more years, husband has failed to maintain the wife, husband was involved in any crime and sentenced for 7 or more years, husband is medically not able to perform marital obligations for a period of three years, husband was impotent at the time of marriage, husband has any incurable disease etc. Beside these grounds, there are some other grounds available to wife for the dissolution of marriages under Muslim Law.
Question 3: How much time required for getting decree of Dissolution of Marriage?
It depends upon various factors such as in which province do you live, what are grounds for the khulla, how the case is being responded by the husband etc. Plus having a good and reliable lawyer for your khula case is also very important.
Question 4: How much time required for getting decree of Dissolution of Marriage?
Can a woman remarry the same husband without intervention of third person i.e (HALALA) after khulla decree? Divorce on the basis of Khula would be Talaq e bayen (single divorce). Husband and wife would be at liberty for reunion (remarry) without intervention of third person i.e (HALALA), even after the issuance of Talaq Muasar certificate by the union council and even after lapse of 10 years.
PLD 2014 Fsc 43
PLD 2013 Lhr 88
2011 CLC 1211
PLD 2011 Lah 458
PLD 2003 Pesh, 169