Khula Procedure in Pakistan: A Complete Guide
Khula in Pakistan is the right of a Muslim woman in Pakistan to seek a Khula from her husband through the Khula Procedure in Pakistan. Know the Khula Pakistani Law and Khula Pakistan Family Law (2023) With the Help of best Lawyers in Lahore. It is also known as “judicial divorce” and is different from “Divorce and Talaq” which is the right of the husband to divorce his wife without going to court.
In this article, we will discuss the Procedure of Khula in Pakistan and the steps involved in obtaining a Khula in Pakistan
Step 1: Demand for Khula
The first step in obtaining a Khula in Pakistan is for the wife to make a demand for it. She can do this by informing her husband, either verbally or in writing that she wishes to seek a dissolution of marriage. If the husband agrees, the Khula can be granted easily. However, if the husband refuses to grant the Khula, the wife will have to seek the help of the courts.
Step 2: Filing of Petition
The second step is to file a petition for Khula in the relevant family court. The petition should include the following information:
- The names and addresses of the husband and wife
- The date and place of marriage
- The grounds for seeking Khula
- Details of any attempts made by the parties for reconciliation
- Any other relevant information
It is important to note that under Pakistani law, a wife can seek Khula on a variety of grounds, including cruelty, desertion, and failure to provide financial support.
Step 3: Notice to Husband
Once the petition is filed, the court will issue a notice to the husband, informing him of the wife’s demand for Khula. The notice will also inform the husband of the date and time of the court hearing, where he will have an opportunity to contest the Khula.
Step 4: Court Proceedings
At the court hearing, the wife will be required to testify and present evidence to support her claim for Divorce. The husband will also be given an opportunity to present his side of the case and contest the Khula.
If the court is satisfied that the grounds for Khula exist, it will grant the Khula and issue a decree dissolving the marriage. The court may also order the husband to pay any outstanding financial obligations to the wife, such as dower (mehr).
Step 5: Execution of Decree For Khula
Once the Khula decree in Pakistan is issued, it must be executed in accordance with the law. The decree must be registered with the relevant union council and a copy of the decree must be given to the husband. The wife will then be free to remarry.
Conclusion
In conclusion, the Process in Pakistan provides Muslim women with a legal mechanism to seek a dissolution of marriage if they are unhappy with their marriages. It is important to follow the proper legal process and obtain the services of a competent lawyer to ensure a smooth and successful Khula