In Pakistan, Khula empowers a Muslim woman to seek the dissolution of her marriage through the Family Court when she feels she can no longer live with her husband within the bounds prescribed by Allah.
This process is formalized by filing a Suit for Dissolution of Marriage based on Khula.
What is a Khula Suit?
A Khula suit is a legal petition initiated by the wife in the Family Court, expressing her desire to end the marriage.
Under the West Pakistan Family Courts Act, 1964, the court facilitates this process, ensuring that the wife’s rights are protected throughout.
Legal Framework and Procedure
Filing the Suit: The wife submits a written application to the Family Court, stating her reasons for seeking Khula. It’s important to note that detailed justifications aren’t mandatory; a genuine assertion of incompatibility suffices.
Court Proceedings: Upon receiving the application, the court issues a notice to the husband. Both parties are allowed to present their views. The court may attempt reconciliation; however, if unsuccessful, it proceeds with the case.
Decree Issuance: If the court is convinced that the marriage cannot continue, it issues a decree for dissolution. Subsequently, the wife must observe the Iddat period, typically lasting 90 days.
Union Council Notification: The court’s decree is sent to the relevant Union Council, which then issues the official divorce certificate after completing its formalities.
Return of Haq Mehr (Dower)
In Khula cases, the wife may be required to return her Haq Mehr (dower) to the husband. However, this is subject to the court’s discretion and the specific circumstances of the case.
Key Points to Remember
- Husband’s Consent: The husband’s consent is not necessary for Khula. The court’s decree is sufficient to dissolve the marriage.
- Legal Assistance: Engaging a qualified family lawyer can help navigate the legal intricacies and ensure that the wife’s rights are upheld.
- Documentation: Essential documents include the wife’s CNIC, a copy of the Nikahnama, and any other relevant evidence supporting the claim.
If you require expert legal assistance or have further questions about filing a Khula suit, feel free to contact our family law specialists for personalized guidance.
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