What is the khula procedure in Pakistan?
A khula procedure in Pakistan is a way for a woman to get a divorce from her husband. She must file a petition with the court and state her grounds for the divorce. The court will then hold a hearing, during which both the woman and her husband will have an opportunity to present their case. If the court finds that the woman has grounds for a divorce, it will issue a khula decree.
A woman may petition for a khula based on her husband’s desertion, cruelty, or impotence. She must also prove that she has made efforts to reconcile with her husband, but those efforts have failed. If the husband agrees to the divorce, the court will issue a decree of Khula. If the husband does not agree to the divorce, the court will order him to appear at the hearing.
The woman’s husband must consent to the divorce and must also agree to pay her any financial settlements ordered by the court. If he does not consent or cannot pay, the court may order him. The woman is then free to remarry.
If the woman has children, custody of the children will usually be awarded to the father unless there is evidence that he is unfit to care for them. The mother will typically be granted visitation rights. If the father dies, custody of the children will automatically go to the mother.
If a woman is granted a khula, she is usually required to return her marriage settlement to her husband. This includes any property or money given to her at the time of marriage. She will also lose her right to maintenance from her husband.
What is the difference between Divorce and Khula?
The main difference in between Divorce and Khula is that if the separation by the husband is at his discretion and without intervention by a court called Divorce, The Khula ‘means that a woman should ask her husband to divorce her in exchange for money or return for a dowry.
Khula Procedure in Pakistan step by step guide
Here is the Khula Procedure guide step by step:
- Hire the services of an experienced family lawyer.
- Discuss your case in detail
- The lawyer will prepare an outline of your case in Khula Pakistan
- The lawyer who represents you will file your khula matter before the court
- The court will issue notifications to the husband, requesting him to be present before the tribunal and provide his response. (Notices that are not received deliberately by your husband will not invalidate the Khula)
- If your husband is present before the court, the husband will provide a written response, and the court will set a date for the following reconciliation and request the husband and wife to appear before the court.
- If the wife claims she seeks reconciliation, the court will require reconciliation and end the case.
- If the wife states she is unwilling to reconcile, the court can give Khula to the couple or fix the next date to hear evidence.
- On the stage of evidence, Your lawyer will present evidence to the court to show your case in accordance with the facts of the case.
- After the evidence has been presented, The court will then set the next date for argument by your lawyer, in which your lawyer will prove that the court has plausible grounds exist for granting Khula in Pakistan. If you are satisfied with the evidence, the court will make a khula order to the wife.
- Suppose your husband is not present in court despite notices the court may order publication in the newspaper. After publishing the paper, the court will set the subsequent ex-party evidence and argument date on the following date.
How to file for Khula in Pakistan
If a man is entitled to the right to get divorced, a woman also has the legal right Khula. Khula is a right of worship of a Muslim woman. This is the right to separation from the husband granted to the woman. In some instances, women have the right to file for divorce, according to her nikkahnama. However, some are not. In this case, you could apply for a Khula against your husband to end their marriage legally and religiously. Khula means “untying the knot’. The divorce was started by a woman and then accepted in court.
A woman can make an application for the designation of Khula in any of the following circumstances:
- If the woman getting Khula has been abandoned by her husband for four years.
- Huband’s inability to support his wife for two years, as marriage is a two-sided agreement. The failure could be a cause for separation.
- The involvement of a husband in polygamy is not with his wife’s approval.
- If her husband is imprisoned in prison for more than seven years.
- The husband’s inability to function during the period of the marriage.
- The woman may be physically or mentally abused by the husband
- A woman may apply for an Khula in the event that she was married by her parents before the age of legality. The woman can choose to exercise the right of puberty in the event that her marriage has not been consummated.
- In the event of a husband’s mental illness or an illness that is serious.
- Any other scenario that is justly on the basis of Islamic law.
Frequently ask questions
Will the woman getting Khula will return the dowry?
If a woman does not want to live with her husband and she seeks divorce from him, then she is obliged to return all the property of her husband, including the dowry.
It is narrated on the authority of Ibn ‘Abbas that the wife of Thabit ibn Qays came to the service of the Prophet (peace be upon him) And he said: O Messenger of Allah, I have no say in his religion and morals, but I fear disbelief in Islam. When the Prophet (peace and blessings of Allaah be upon him) heard this complaint, he said: Do you return his garden? When he agreed, he ordered Thabit to take the garden and divorce him.
[Bukhari – Divorce – Chapter: 5273]
Does Khula occur only through court?
Revocation of marriage or Khula is not a condition of court or ruler, and this work can also be done by the parties to the contract, but if this work is decided by the court, then it is better because we have a formal registration of marriage and divorce in Pakistan. There is a legal system that, if ignored, can lead to many legal complications.
Sheikh Saleh Al-Munajjid says in answer to this question:
The case of Khula is as follows:
Husband should take something in return or they should agree on some exchange and then the husband should tell his wife that I have left you or divorced her or say other similar words.
A woman wants Khula but her husband does not give her. What should be done in this case?
If the husband pays the wife’s shar’i rights, then the wife’s demand for divorce from the husband is haraam because the Prophet (peace and blessings of Allaah be upon him) said:
“The fragrance of Paradise is also haraam for a woman who seeks divorce from her husband without any reason (ie she will not get the fragrance of Paradise).”
Abu Dawud : 2226
The meaning of the words of the Prophet (peace and blessings of Allaah be upon him) “without any reason” is that without any hardship or inconvenience that may lead to divorce. If his conduct is not right or if there is any other reason then the wife can seek divorce. She should take her case to the judge and explain everything to him and the judge should either pay the dues to the husband or ask her to divorce him.And if the husband reveals ugly morals, he should not demand immediate divorce, but the wife should advise him in a loving manner and help him to change his bad morals with good morals.
