Author: Sadia Javed, Advocate High Court
CEO of SJ Law Experts, Islamabad
Email: SJLawExperts@gmail.com
Email: SadiaJaved.Lawyer@gmail.com
WhatsApp. +92 335 411 2288
Introduction:
In Pakistan, the concept of Khula (خلع) serves as a pivotal and fundamental aspect of Muslim family law, providing a means for a wife to seek dissolution of her marriage. It is the governed by the Pakistan Muslim Family Law Ordinance, wherein, the Khula offers a legal framework for women to exit marriages that are untenable, balancing the rights and responsibilities within the marital relationship. In this regard, the SJ Law Experts provide full legal support to get Khula from the Family Courts.
Legal Framework of Khula:
Khula, derived from Islamic jurisprudence, signifies a woman’s right to initiate divorce. Under the Pakistan Muslim Family Law Ordinance, Khula is recognized as a legitimate ground for the dissolution of marriage. The process entails the wife returning her dower (mahr) or any other agreed compensation to the husband, symbolizing her release from the marital bond. For further assistance and clarification, our Family Lawyers in Islamabad and Rawalpindi are available to provide comprehensive legal advice.
Grounds for Khula:
While Khula does not necessitate specific grounds similar to judicial divorce, certain reasons are often cited, including but not limited to:
1. Incompatibility: Irreconcilable differences making marital living together impossible.
2. Cruelty: Physical or mental abuse inflicted by the husband.
3. Neglect: Failure of the husband to provide maintenance or fulfill marital obligations.
4. Desertion: Prolonged absence of the husband without valid reason.
5. Impotence: Husband’s inability to consummate the marriage.
Procedure for Obtaining Khula:
The process of obtaining Khula involves several steps, typically initiated in the Family Courts:
1. Filing a Petition: The wife files a petition for Khula through a Family Lawyer in the Family Court, stating her reasons for seeking divorce.
2. Court Proceedings: The court examines the petition, and if the husband consents, the Khula is granted swiftly. In case of non-consent, the court undertakes a reconciliation process.
3. Reconciliation Attempts: The court may appoint a reconciliation council to mediate between the parties. If reconciliation fails, the court proceeds with the case.
4. Judgment: After considering all aspects, the court grants Khula, and the marriage is dissolved. The wife typically returns the dower or compensation as agreed. Our experienced Family Lawyers at SJ Law Experts are available to provide thorough legal procedure for dowry articles.
Legal Recommendations and Way-forward:
To following the granting of Khula carries important legal propositions:
1. Custody of Children: Post-divorce, the court decides on the custody of children, considering the best interests of the minors.
2. Financial Settlements: Financial obligations, including maintenance and return of dower, are settled as per the court’s directives.
3. Legal Status: Both parties are legally free to remarry following the dissolution of marriage through Khula. Our Family lawyers have been experienced to provide legal services for Child custody, Guardianship, and Child support.
SJ Law Experts is a law firm based in Islamabad and has been providing the legal services of Civil law, Family law, Corporate law and Immigration law. We have expert legal representative for Divorce and Khula lawsuits. Our Family lawyers in Islamabad and Rawalpindi have been experienced in Divorce, Khula, Child Custody, Guardianship, Maintenance, Dowry Articles and Alternate Dispute Resolution.
