khula divorce court decree pakistan
Khula, which literally means untying the knot and word meaning is the dissolution of marriage and legal meaning is To remove the union of marriage in exchange of financial settlement within the words of "Khula". Which initiated by the wife and is granted by the court or authority. To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance 1965, on the grounds that she feels she can no long live with her husband “within the limits prescribed by Allah’ and such a statement on oath made in her suit would be sufficient to establish her case for Khula.
How to get a Khula court decree ?
The wife files a suit for Khula in the Family Court.
The court issues notices to the husband.
The court sets a date for reconciliation, if husband appear before court.
If reconciliation fails, the wife submits a statement in Family Court, she is unable to live with her husband.
In other case, husband not appear in court, family court initiate ex-parte proceeding and call wife to record her statement that she is unable to live with her husband
If the wife is unable to live with her husband,
The family court grants a Khula decree and order to plaintiff (wife ) to pay back Dowery Amount to her Ex-husband..
What are the reasons for a Khula decree?
Dissolution of Muslim Marriages Act 1939
Desertion by husband for four years,
Failure to maintain for two years
Husband contracting a polygamous marriage in contravention of established legal procedures,
Husband's imprisonment for seven years,
Husband's failure to perform marital obligations for three years,
Husband's continued impotence from the time of the marriage
Husband's insanity for two years or his serious illness
Wife's exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),
Husband's cruelty (including physical or other mistreatment, unequal treatment of co-wives),
Any other ground recognised as valid for the dissolution of marriage under Muslim law
What are the consequences of a Khula decree?
The wife waives her dower.
The marriage is dissolved.
The wife can remarry the same man without an intermediary marriage.
The wife can modified her Cnic ( change husband column to father name.
The wife can file maintenances suit herself and Childs.
The wife can file guardian certificate for her children.
After receiving khula decree, the wife must file application for registration for arbitration council.
After receiving certificate of failure arbitration, relevant union council issue nadra divorce certificate.
After receiving nadra marriage certificate, wife can marry to another person or reconciliation to her ex-husband, after recording statement in same court , who issue khula decree.
