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A male in Islam and under Pakistani law has the right to divorce the wife. In the same way, if a wife needs a divorce, she has to file a case for khula in Pakistan in the family court. Unlike the male, the wife needs to have some valid grounds to obtain the khula decree from the family court. The lawyer also needs to prove these grounds taken for khula in the court of law. If a wife doesn’t want to continue the relationship with her husband, she has the right to file the case. The divorce in Pakistan can be from the male side and also from the female side. A women residing abroad has to initiate the khula procedure for overseas Pakistani in the country if she needs the divorce from husband
Advocate Nazia is the best family lawyer in Pakistan and has experience of twenty years dealing with family cases. Our law firm can also provide khula services for overseas Pakistanis. On this webpage, we will guide you through the complete khula procedure in Pakistan. You can also file for khula in Pakistan from abroad, and in that case, you don’t even have to come to Pakistan.
The documents required for khula in Pakistan vary from situation to situation. Once you discuss your case with the lawyer, he will guide you on what documents you will require. Generally, khula in Pakistan requires the documents below.
When you need a divorce from your husband, you have to go through the complete khula procedure in Pakistan. Below is the khula procedure in Pakistan.
In Islam and as per the Pakistani law, there are multiple grounds for khula in Pakistan. A wife can take the khula on one or more grounds for khula in Pakistan. Below are the grounds on which a female can seek a divorce from her husband.
Overseas Pakistanis file the khula in the family court, but they can only file the case from abroad when the court has jurisdiction to try the suit. Husband can also file overseas divorce in Pakistan. You can file khula in Pakistan from abroad when the following conditions are fulfilled.
The services of khula in Pakistan from abroad are available through our law firm. If the wife is abroad, she can still obtain the khula in Pakistan from abroad, and for this, she doesn’t even have to come to Pakistan. When a female needs a divorce from abroad, then she has to hire the services of a lawyer through a special power of attorney. This special power of attorney authorizes the lawyer to file the case on your behalf in the court of law. The process of khula for overseas Pakistanis is the same, as the wife is in Pakistan. The only difference between the two is that when the wife is abroad, she has to send the power of attorney to her lawyer. The Pakistani embassy or consulate abroad should attest this document
KHULA PROCEDURE FOR OVERSEAS PAKISTANISBelow is the khula procedure for overseas Pakistanis:
Below is the checklist for a khula case from overseas women:
When an overseas woman needs khula in Pakistan, she will have to give the relevant information to the lawyer as below:
KHULA VS FASKH E NIKAHThere is a difference between khula and faskh e nikah. Khula is the dissolution of marriage in Pakistan, and faskh e nikah is the annulment of marriage, declaring the marriage null and void.
If the Nikah mentions talaq e tafweez, it means that the wife herself has the right of divorce. It is the delegated right of divorce to the wife from the husband. In this case, the wife can divorce herself in the same way as the husband divorces the wife. If she has the delegated right of talaq in Pakistan, then she does not have to file the khula case in the court.
The Family Court within the territorial jurisdiction is entitled to hear the khula cases. The wife can file the case from abroad within the below territorial jurisdictions:
Foreign countries recognize khula from Pakistan in the same way as the Pakistani government recognizes the divorce obtained by someone from another country.
Below are the countries from where most of the khula cases are filed in Pakistan:
When a case of khula is filed before the Family Court, the wife has to give her biometric verification for the court case in Pakistan. If she is abroad, then the Special Power of Attorney will give the biometric verification on behalf of the client.
It is a common mistake that many females residing abroad think that in order to get khula from Pakistan, they have to be in Pakistan. They can simply hire a lawyer who can represent them in court in their absence.
It is legally advised to first contact an expert family lawyer before filing your case of khula in Pakistan.
Our law firm, Qanoni Hal, has been operational since 2008 in Lahore, and we deal in all kinds of family cases. We have already won thousands of khula cases for locals, overseas Pakistanis, and foreigners.
The author of this blog is Advocate Nazia, and she is a law graduate. She has been practicing law since 2008. She is an expert family lawyer in Pakistan.
We mentioned how to file for khula in Pakistan in detail above. Still, if you have any questions, you can call Advocate Naia directly.
Yes! You can get khula in Pakistan from abroad. When the wife is abroad or overseas, then she has to hire a lawyer through a special power of attorney.
It takes about 45 to 60 days to take khula from the family courts in Pakistan. The time limit is not fixed; it can also be early or late, depending on the circumstances of the case. Moreover, it is not the lawyer who gives the date; it is the judge who gives the date as per his work schedule.
Yes! You can have reconciliation after khula in Pakistan. After the khula, there is an iddat period of three months. The wife has the right to have reconciliation after khula in Pakistan with her husband. Even after the iddat period, she can remarry her ex-husband.
The Muslim Family Law Ordinance of 1961 deals with khula law in Pakistan, and the Family Court Act of 1964 deals with the procedural work of the court. Dissolution of marriage act 1939 deals with grounds of khula in Pakistan
Every case is a different case, and the lawyers draft the case for each case. We draft each case according to its circumstances.
The khula duration in Pakistan varies between one and six months. The duration varies from city to city and judge to judge. The quickest khula you can get is from the city of Lahore, and there are hundreds of family lawyers in this city, and the workload is less. You can even get the khula in just one month, depending on the circumstances
The khula fees in Pakistan are between Rs50000 and Rs10000, depending on the expertise of the lawyer and the city where you are filing the case. The expert and experienced family lawyer will always charge you more than an incompetent lawyer. Khula is a sensitive issue, so it’s better hire an expert family lawyer.
If the husband does not appear in the khula case, then the court proceeds ex parte and fixes a date for evidence in the absence of the husband. When the husband does not appear in the court despite the notice sent by the court, then the court issues a publication in the newspaper and later on proceeds ex parte.
No! The reconciliation is not mandatory in khula cases in Pakistan. The court attempts to reconcile the matter, but there can be no reconciliation if both parties do not agree. If the wife says in court that she doesn’t want to reconcile, then the court will not force the wife.
It is the family court that handles khula cases in Pakistan. The family courts in Pakistan have complete jurisdiction to try cases related to marriage and divorce.
No! You may not file a case of khula without a lawyer in Pakistan. You file the case in the family court on certain grounds, which you need to prove as per the law in the court, so its always recommended to hire an expert lawyer.
An overseas Pakistani woman can file a case, but through a lawyer. She cannot file a case online in a court. The government has not provided any such app or website to file a case. Moreover, the state licenses lawyers to file and contest cases in the courts.
No! You don’t need to come to Pakistan for khula. If you are abroad and cannot come to Pakistan, then you have to hire a lawyer through a special power of attorney attested by the Pakistani embassy abroad.
Yes! The khula is valid in Pakistan if the wife lives abroad. The court gives the khula and issues a decree after fulfilling all the legal requirements of any case.
Yes! A woman has to return partial haq mehar she has already received in lieu of her khula. Her khula will be subject to the return of the haq mehar amount to the husband.
No! When a wife takes a divorce from the court, she is no longer your wife, and the husband is under no obligation to maintain her; however, she is entitled to get the maintenance for the iddat period, which is only for three months after the divorce.
The khula becomes effective in Pakistan when the iddat period expires. The iddat period is 90 days starting from the date of the decision of the court.
Yes! Pakistan issues the khula certificate. We issue it after the Iddat period of 90 days, which we call the Nadra divorce certificate.
Yes! The khula is different from divorce in Pakistan. The husband gives divorce to the wife, and the khula is obtained by the wife from the court. The khula procedure in Pakistan is different from the divorce procedure.
Yes! Islamic law in Pakistan fully legalizes the khula. In fact, there can be no law in Pakistan that is against the Quran and Sunnah. If someone thinks that a law is against Islamic teachings, they can file a case in court to strike it down.
Yes! Pakistani courts can grant the khula without nikahnama. The marriage certificate in Pakistan is optional, not mandatory. A female’s lack of nikahnama alone cannot deprive her to her right to khula.
? I mentioned the process of khula in Pakistan above, but still, if you have questions, then feel free to contact Advocate Nazia.
Yes! You can get child maintenance after khula in Pakistan. The father has the duty to maintain the children, whether he is divorced or not.
Yes! A woman can khula during pregnancy in Pakistan. She has the right to file the case. Even if the court can grant her the khula decree, the khula decree will not be effective until the birth of the child. Before the child’s birth, she can reconcile with her husband.
Yes! The wife can file khula if the husband is missing or absconding. This is one of the grounds for khula in Pakistan. She can obtain the khula from the court on this ground alone.
If the husband lives abroad and refuses to grant a khula decree, you will still get the khula decree from the family court. In fact, the female files the khula when the husband is not giving a divorce. In case the husband gives a divorce, then you have to process your Nadra divorce certificate.
Yes! Pakistani courts can grant khula on mental torture grounds. It is one of the grounds of khula in Pakistan. It comes within the ambit of cruelty as per the decisions of the Supreme Court.
Yes! Domestic violence is a valid ground for khula in Pakistan. It is one of the grounds on which you can get a decree from the family court.
Yes! The wife can file the khula immediately after the marriage. There is no time restriction on how much time you have to file it.
The mother gets child custody after khula in Pakistan. In fact, child custody in Pakistan is a different topic and has nothing to do with your khula case. The mother always has the right of priority when it comes to child custody.
Yes! A mother can take children after khula in Pakistan. The mother has the right to file the case of child custody before or even after the khula. If the mother already has the custody, then she will file a stay of the children.
No! The khula does not affect the child maintenance in Pakistan. Even after the khula, the child remains the child of the father, and the father is duty-bound to maintain the child.
Yes! The court can grant khula if the children are involved. The khula case has nothing to do with the child custody-related issue.
No! Pakistan does not allow appeal against the khula decree in Pakistan. As per the family court rules, the decision of the khula is not appealable.
