In Pakistan, a wife has the legal right known as Khula to ask her husband for the annulment of their
marriage. Divorce comes in a variety of forms in Pakistan. The right of a husband to file for divorce
from his wife is known as Talaq. There are various type of Talaq, which can be granted for any cause
but also includes granting our divorce at the wife’s request.
However, if the husband refuses to
dissolve the marriage, the wife may do so using the Khula right. Whatever significance the Nikah may
have in our society, in constitutionally it is essentially a contract from which the rights and duties of
both the husband and the wife flow.
Nikah Is only a contract, according to the Apex Court of
Pakistan’s 2007 ruling. Without their consent, a husband and wife cannot be forced to live together.
In any situation where the wife wants to end the marriage, she may take Khula.
In order to dissolve a marriage under the Khula principle, a complaint must be filed in the Pakistani
Family Courts. The woman may ask the family court for a divorce in accordance with Pakistani Khula
law. Khula process did not take much time, in contrast to civil issues that drag on for several months.
Foreign nationals as well as Pakistani wives are eligible to file Khula in the Pakistani Family Court.
Pakistani Khula Law:
A Khula can be initiated in Family Court for a variety of circumstances. Medicate justifications must
be established for the dissolution of marriage, regardless of specific circumstances of each case. To
help you understand your legal rights and the whole of procedure, it is advised that you talk with any
lawyer. The arguments made in the hula K is have a significant impact on disagreements over child
custody. Therefore, it is crucial that a knowledgeable family lawyer examine the situation from all
perspectives to defend the wife’s right with regard to potential custody disputes etc.
Procedure to apply for Khula
The following describes the step by step process for khula:
• Visit an experienced family lawyer and discuss the specifics of your case.
• Expert Family Lawyer Prepares Khula petition in accordance with the specifics of your case
• The court has received the case for a preliminary hearing.
• After hearing the case, the court Summon the spouse to appear in court and present his
defence. If the spouse does not show up, the court continues to make a decision without
him.
• If the husband shows up, the court offers a chance for reconciliation.
• The court will order reconciliation and adjourn the case if the woman says she wants to
reconcile.
• The court may grant Khula or set next hearing date if the wife declares she is refusing to
reconcile.
• Your lawyer will offer evidence to the court during the evidence stage to support your case
based on the case’s fact.
• Upon the disclosure of the facts, the court will schedule the next day for your lawyer to make
their case, during which they must show that there are reasonable grounds for Pakistani
Khula to be granted. The court will issue a hula order to the wife if you are satisfied with the
proof.
• In the case your husband fails to appear in court In spite of notices, the court may order
publication in local newspaper, at which point it will set the next ex-party argument and
proof date for the following day.
Circumstances of Khula
In any of the following situations, a woman may apply for Khula:
• Due to the nature of marriage as a two sided contract, husband was unable to support his
wife for two years. Separation may occur from the failure.
• A husband’s participation in infidelity is not sanctioned by his wife.
• If her husband spends more than seven years in prison.
• During the marriage, husband was incapable of carrying out his duties.
• The husband might mistreat the wife verbally or physically.
• The woman can apply for khula whose parents married her before the age of legality.
• In the case, that a husband has a major disease or mental illness.
• Any other situation that is legitimate under Islamic Law
Documents required for Khula:
- Nikahnama (marriage Contract)
- CNIC of both parties
- Evidence of payment of dower(mahr) at and any other property or dowry that given to the
wife at the time of marriage.