Divorce Khula Law in Pakistan
A Comprehensive FAQ Guide
Disclaimer: The information provided here is for informational purposes only and does not constitute legal advice.
1.Introduction:
When the union prescribed by Almighty Allah becomes untenable, divorce or khula emerges as a pathway for spouses seeking separation. City Laws Associates offers assistance and attention, recognizing the unique nature and importance of each case according to the Family Laws of Pakistan.
2.Parties in Divorce Proceedings:
– Q. What terms identify the parties in a divorce proceeding in Pakistan?
– A. The party filing the suit is the “Plaintiff,” and the other party is the “Defendant.”
3.Modes of Marriage Dissolution:
– Q. How can marriage be dissolved in Pakistan?
– A. Marriage dissolution can occur through Talaq (by the husband), mutual consent, judicial decree, or by the wife utilizing her contractual right of divorce.
4.Understanding “Khula”:
– Q. What is “Khula”?
– A. Khula is a wife’s right in Islam to seek marriage dissolution through court intervention, while Talaq is the right of a husband to pronounce divorce.
5.Grounds for Wife’s Divorce:
– Q. What grounds entitle a wife to divorce in Pakistan?
– A. Grounds include the husband’s whereabouts unknown, failure to provide maintenance, imprisonment, cruelty, impotence, insanity, underage marriage, immoral conduct, and non-compliance with marital obligations.
6.Procedure for “Khula”:
– Q. What is the procedure to obtain “Khula” in Pakistan?
– A. If not delegated the right in the marriage contract, the wife applies for khula in court. The court issues notices, attempts reconciliation, and, if unsuccessful, grants the dissolution decree. An additional step involves obtaining a dissolution of marriage certificate from the Chairman Arbitration Council.
7.Wife’s Right to Divorce:
– Q. Can a wife be delegated the right of pronouncing divorce?
– A. Yes, through Talak-e-Tafweez in the marriage contract. Otherwise, the husband exclusively holds this right.
8.Jurisdiction for Divorce Cases:
– Q. How is the jurisdiction for a divorce case determined in Pakistan?
– A. The case can be filed where the marriage took place, where it was registered, where the defendant resides, or where the wife ordinarily resides.
9.Overseas Pakistani Divorce:
– Q. Can overseas Pakistanis get a divorce online?
– A. No, online divorce is not available. However, they can file for divorce without coming to Pakistan if their marriage is registered in the country, appointing a representative through a Special Power of Attorney.
10.Custody of Children:
– Q. What laws govern the custody of children for divorcing couples in Pakistan?
– A. The Guardian and Wards Act and the Family Courts Act 1964 guide custody-related suits, prioritizing the interest and welfare of the minor child.
11.Rights to Property after Divorce:
– Q. What are the wife’s rights to property after divorce in Pakistan?
– A. Bridal gifts, deferred dower, and maintenance during the Iddat period are the wife’s entitlements.
12.Husband’s Procedure for Divorce:
– Q. How should a husband give divorce to his wife in Pakistan?
– A. Under the Muslim Family Laws Ordinance, the husband gives written notice to the Chairman of the Union Council. After a 90-day waiting period, if reconciliation fails, divorce takes effect.
13.Mutual Consent for Divorce:
– Q. Can husband and wife dissolve their marriage through mutual consent?
– A. Yes, through Talaq-e-Mubarat, an agreement initiated by either the husband or the wife.
14.Unknown Whereabouts of Husband:
– Q. If the husband’s whereabouts are unknown for an extended period, can the wife end the marriage?
– A. Yes, under the Dissolution of Muslim Marriages Act 1939, if the husband’s whereabouts are unknown for four years.
15.Revocation of Talaq Notice:
– Q. Can a notice of Talaq sent through the Chairman Union Council be revoked?
– A. Yes, it can be revoked before the expiry of the ninety-day period.
16.Protection from Harassment:
– Q. How can one protect themselves from harassment by their spouse and family?
– A. File a complaint at the police station against the spouse if threatened or assaulted.
17.Remarrying After Applying for Divorce:
– Q. Is it safe to plan a new marriage after applying for a divorce?
– A. It is advisable not to plan remarriage until the divorce is finalized.
City Laws Associates offer services in matrimonial and family dispute resolution, divorce agreements, advice on divorce, overseas Pakistani divorce, court marriages, marriage registration, polygamous marriages, Talaq notice issues, and settlement of matrimonial matters.
