The right of Khula may use by wife called Khula Divorce (judicial divorce) may grant by Family Court for Dissolution of marriage by way of Khula. The right of Khula is the legal and Islamic right granted to Muslims women to seek divorce from her husband without his consent, according to the Pakistan Family Law’1961 the judicial Khula meant to be authorized without the husband’s consent if the wife is agreed to surrender her financial rights.
Khula or judicial divorce has to be sought through the Family Courts in Pakistan. ZahidLaw Associates, being the leading Khula Divorce Lawyers in Pakistan, offer legal assistance featuring reliable documentation and matrimonial disputes resolutions.
Regardless of whether the wedlock has been dissolved through Divorce (Talaq) Khula or judicial divorce, it is essential that legal procedures be correctly adopted. We as an expert divorce lawyers always ensure all legal aspects of the case. Failing to do this can raise issues regarding the effectiveness of the divorce and result in severe legal issues, like a case of bigamy or complications in deciding issues associated with the divorce like past maintenance or claiming deferred dower amount (Haq Mehr). The paternity of children may also be questioned.
Apart from any divorce decree, the woman must has to apply for Divorce Certificate from the Union Council and also need to get NADRA Divorce Certificate or NADRA Khula Certificate, according to the Dissolution of Muslim Marriages Act 1961, following may be the grounds on which a woman may seek Judicial Khula:
When filling Khula suit, the wife must waive off her Haq Mehr / dower amount if it is not paid. Anything gifted to wife by husband or husband’s family don’t have to be returned necessarily because bridal gifts. Court decides how much and what to be returned on the facts and other evidences of the case. In case wife’s fail to pay back such items it doesn’t render Khula ineffective, husband has to file a separate suit for recovery of such gifted items.
After hearing the case, the Family court may issue a decree with direction to send an intimation to the Chairman Arbitration Council or Union Council who proceeds the parties for reconciliation within 30 days otherwise the Khula decree may becomes effective on expiry of 90 days in case of not joining the husband and wife.ASSISTANCE: Contact: 0092-300-2329223 | Skype: ZAHIDLAW | Email: firstname.lastname@example.org