Zahid Law Associates expertise in family law and khula law in Pakistan, we strive to ensure the process goes as smoothly and stress-free as possible. From preparing the necessary documentation to guiding you through the legal requirements, we’re committed to making sure your Khula process is handled with care and efficiency.
Get in touch with us today to learn more about the khula procedure in Pakistan and how we can help you get your Khula Certificate from the Union Council.
What Is Khula (Judicial Divorce)?
A Muslim woman can file for a Khula, (judicial divorce) if she wishes to dissolve her marriage without her husband’s approval. The Khula process in Pakistan involves going to the Family Court and applying for the dissolution of marriage through Khula. It is a legal and Islamic right granted to Muslim women to seek divorce when their husband refuses to divorce them.
If you’re unsure about how to get a divorce certificate, our divorce certificate service can help you navigate this process. We’ll walk you through the process of getting your divorce decree, making sure you are aware of your rights and obligations at every step.
At Zahid Law Associates, we offer reliable legal support for settling matrimonial disputes and obtaining a Khula certificate. It’s important to adhere to the proper legal procedures whether you’ve had a judicial divorce or Khula. Failing to do so may result in major legal issues, including bigamy or problems with maintenance and Mehr. Mr Zahid Akhtar Advocate has expert Marriage & Divorce Lawyers in Pakistan, offering inclusive legal services worldwide for overseas Pakistanis.
In addition to obtaining a divorce decree, women must apply for a Khula Certificate from the Union Council, also known as a Nadra Divorce Certificate or Nadra Khula Certificate. A woman may file for Khula on several grounds, under the Dissolution of Muslim Marriages Act of 1961.
Grounds for Women to Get Khula Certificate:
- Husband leaves for four years without any contact.
- For two years, husband hasn’t provided for the family.
- Husband gets remarried in contravention of established legal procedures.
- Husband’s imprisonment for 7 years.
- Husband neglects marital duties for 3 years.
- Husband has prolonged infertility or illness for a long time.
- Husband has had a mental illness for two years.
- Any other valid reason recognized in Muslim law for ending the marriage.
Additional Grounds:
Under Muslim law, a woman has the right to seek a divorce for various reasons. First, if the marriage hasn’t been consummated, if she was married before the age of 16 by her guardian and decides to end the marriage before reaching 18. Second, if the husband treats her cruelly. This might involve emotional or physical abuse, as well as treating her differently from other wives if the husband has more than one.
She may also file for divorce using any other legitimate grounds for dissolving the marriage that is accepted by Muslim law. These rights guarantee women the ability to legally end marriages that are detrimental to their happiness and well-being.
Procedure Of Khula In Pakistan
In the event that a wife applies for Khula and her dower payment (Mehr) is unpaid, she might have to forfeit it. Bridal gifts presented to the woman by her husband or his family, don’t always need to be returned.
Considering the case’s facts and supporting documentation, the court will determine what needs to be repaid. If the wife can’t pay back these items, it doesn’t render Khula ineffective. In order to attempt to reclaim these gifts, the husband would need to file another lawsuit.
After hearing the Khula case, the Family Court might issue a decree. This decree directs the Chairman of the Arbitration Council or Union Council to attempt to bring the couple back together within 30 days.
The Khula decree may come into force after ninety days if they cannot make amends during this period. Additionally, the Union Council may receive a decree from the Family Court interpreted as a notice of talaq. The 90-day “Iddat period” is when the Khula officially ends.
You can simply contact us if need any help regarding the khula papers in Pakistan or Khula form online Pakistan or our other core service like online nikah, court marriage, Nadra marriage certificate or nikah nama etc. With years of experience in this domain we can be of great help!
FAQ’s About Khula Certificate
What does it mean by Khula?
Khula is the right of a wife in Islam to seek the divorce from her husband through the intervention of the court. A woman seeks a “khula” while the man gives a “Talaq”.
Can husband and wife dissolve their marriage through mutual consent?
Yes, they can dissolve their marriage through mutual agreement – the said divorce is called “Talaq-e-Mubarat.” The literal meaning of Mubarat is ‘obtaining release from each other’. The offer for separation in Mubarat may proceed either from the wife or from the husband and as soon as it is accepted dissolution is complete.
What is the law for custody of children for divorcing couples in Pakistan?
Guardian and Wards Act is the law, the family court can also entertain suit relating to child custody according to the Family Courts Act 1964. The general rule is that the interest and welfare of the minor child should be of paramount consideration.
Can a Muslim wife pronounce the divorce?
Yes, the wife can pronounce divorce if she has a right of divorce (Talaq-e-Tafweez) delegated by her husband in Nikah Nama (marriage contract) under the terms agreed upon between husband and wife.
Do you want to learn about how to get a NADRA Divorce Certificate?
You can either learn online how can you obtain your Nadra Divorce Certificate or simply Contact Us for details!