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Khula Procedure for Overseas and Foreign National

Khula Procedure for Overseas Pakistani and Foreign National & Foreigners

Many overseas Pakistani women or foreign nationals decide to pursue Khula due to the challenges of maintaining a long-distance marriage, cultural differences, or issues like neglect and abuse.
Living abroad can make resolving marital problems even harder, prompting them to seek legal separation. To facilitate this, Pakistani law allows women to obtain Khula through a representative using a Special Power of Attorney, ensuring the process can be handled without their physical presence in Pakistan​

Khula Procedure Through Special Power of Attorney

An overseas Pakistani woman can obtain *Khula* by appointing a representative in Pakistan through a Special Power of Attorney, which must be attested by the Pakistani consulate or embassy in her country. The representative, with the help of a lawyer, can then file for *Khula* in a family court on her behalf.

Arbitration Counsel Procedure

The Arbitration Council procedure begins after a Khula decree has been issued by the family court. The representative appointed through the Special Power of Attorney submits the court’s Khula decree along with other required documents to the Arbitration Council or Union Council in the locality where the marriage was registered. The Council attempts reconciliation for up to 90 days, and if reconciliation fails, a Divorce Certificate (Talaq-e-Mubarat) is issued, finalizing the dissolution of the marriage.

Khula procedure in Pakistan Adv Zahid Overseas Law

The Khula procedure for overseas Pakistani women typically involves appointing a representative in Pakistan through a Special Power of Attorney (SPA). This document must be attested by the nearest Pakistani Consulate or Embassy and further counter-attested by the Ministry of Foreign Affairs in Pakistan. Once the SPA is in place, the appointed representative can engage a lawyer to file a Khula case in the family court. After the court issues the Khula decree, further steps are taken with the Arbitration Council to obtain a divorce certificate, finalizing the process.

Understanding the Process of Khula in Pakistan: A Guide for Overseas and Local Pakistanis.

The Khula process in Pakistan allows Muslim women to legally dissolve their marriage by filing a case in family court. For overseas Pakistanis, this can be done through a Special Power of Attorney, allowing a representative to handle the proceedings on their behalf.

LIST OF DOCUMENTS REQUIRED FOR APPLYING KHULA IN PAKISTAN FROM OVERSEAS.

The documents required for applying Khula in Pakistan from overseas are:

  1. Copy of National Identity Card for Overseas Pakistanis (NICOP) or Pakistan Origin Card (POC).
  2. Valid passport copy.
  3. Copy of Marriage Certificate or Nikah Nama.
  4. Attested Special Power of Attorney (from the Pakistani Consulate or Embassy).
  5. Additional documents such as an application form and relevant evidence supporting the Khula claim may also be required.
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KHULA PAKISTAN FAMILY LAW

Under Pakistan Family Law, Khula is the legal right of a Muslim woman to seek a divorce through the court when reconciliation with her husband is not possible. It is governed by the Dissolution of Muslim Marriages Act, of 1939, and the Family Courts Act, of 1964. The wife must present valid grounds for Khula, such as cruelty, desertion, or incompatibility, and may have to forfeit her Mehr (dower) as part of the divorce settlement. The family court issues a decree after hearing the case, and the process can be initiated either locally or through a Special Power of Attorney for overseas Pakistanis.

Obtaining Khula for Overseas Pakistani Women

Overseas Pakistani women can obtain Khula (a form of divorce initiated by the wife) without traveling to Pakistan by appointing a representative through a Special Power of Attorney (SPA). The SPA, along with necessary documents such as the woman’s NICOP/POC, passport, and Nikah Nama, must be attested by the nearest Pakistani Embassy or Consulate and counter-attested by the Ministry of Foreign Affairs in Pakistan. The representative, with the help of a lawyer, can then file for Khula in the family court. Once the court grants the Khula, the representative submits the decree to the Union Council to obtain an official Divorce Certificate, finalizing the process.

Judgment and Decree on Khulla

In Pakistan, when a family court issues a judgment and decree for Khula (divorce initiated by the wife), it formally dissolves the marriage based on the wife’s request. The court reviews the case, including the grounds for seeking Khula, such as cruelty, neglect, or irreconcilable differences. If the court finds the grounds valid, it grants a decree for the dissolution of the marriage.
This decree acts as legal proof of the marriage’s termination and is then submitted to the Union Council for the issuance of an official Divorce Certificate (Talaq-e-Mubarat). The decree might require the wife to return Mehr (dower) or any other gifts, depending on the circumstances. The process is complete after the Union Council’s issuance of the certificate, following any mandatory reconciliation attempts during the 90-day waiting period.

HOW TO FILE KHULA IN PAKISTAN

To file for Khula in Pakistan, a woman must apply to the family court, providing valid grounds such as cruelty or neglect. The process involves presenting evidence, and the court may attempt reconciliation. If reconciliation fails and the case is valid, the court grants a decree for Khula. For overseas Pakistanis, a Special Power of Attorney can be used to appoint a representative to handle the case on their behalf.

Islamic Basis of Khulla

The concept of Khula in Islam allows a Muslim woman to seek a divorce from her husband by returning her Mehr (dower) or other agreed compensation. This right is based on the Quran and Sunnah. In Surah Al-Baqarah (2:229), the Quran permits women to request a separation if they fear they cannot fulfill the obligations of marriage. The Prophet Muhammad (PBUH) also supported this in the case of Jamila, who sought *Khula* from her husband, Thabit bin Qais, and was granted it after returning her dowry.

FREQUENTLY ASKED QUESTIONS:

The Special Power of Attorney (SPA) for a *Khula* case should explicitly grant powers for filing the suit, representing the petitioner in court, engaging a lawyer, and submitting necessary documents. It should also authorize the representative to attend reconciliation sessions if required, receive the *Khula* decree, and handle post-decree procedures with the Union Council to obtain the Divorce Certificate. Clear and detailed powers in the SPA ensure a smooth legal process.
Yes, a lawyer can serve as a Special Attorney in a Khula case. If the petitioner does not have a trusted individual to act as their representative, they can appoint a lawyer through a Special Power of Attorney. The lawyer can handle all legal procedures on behalf of the petitioner, including filing the Khula suit, representing them in court, and following up on post-decree processes like obtaining the Divorce Certificate from the Union Council.
No, a Khula decision by the family court alone is not enough to fully dissolve the marriage in Pakistan. After the court issues the Khula decree, the case must be taken to the Union Council or Arbitration Council. The Council initiates a reconciliation period of up to 90 days. If reconciliation fails, the Union Council issues a Divorce Certificate, which is the final legal document required to officially dissolve the marriage.
Yes, a woman can marry after obtaining Khula, but she must observe the mandatory Iddat period, which typically lasts three months. The Iddat is a waiting period to ensure there are no potential pregnancies from the previous marriage. Once the *Iddat* is completed, the woman is free to marry again as per Islamic and Pakistani law.
No, the husband's consent is not required for Khula. In Islam and under Pakistani law, Khula is the right of a woman to seek a divorce, and the family court can grant it even if the husband does not agree. The court reviews the reasons for the Khula request and, if valid grounds are found, issues a decree dissolving the marriage. The husband's consent may be sought during reconciliation efforts, but the court doesn't need to proceed with the Khula.
The Khula legal process in Pakistan usually takes around 2 to 6 months. The duration depends on factors like court schedules and the presence or absence of disputes. If the husband fails to appear in court, the process can be quicker. After the court grants the Khula decree, the woman must observe a 90-day Iddat period before the divorce is finalized.
When a woman files for Khula, the family court reviews her petition and may attempt reconciliation. If reconciliation fails, the court proceeds with the case and grants a Khula decree, dissolving the marriage.
A woman can file for Khula when she feels that her marriage cannot continue due to reasons such as cruelty, neglect, desertion, and lack of financial support.
You can get in touch with online lawyers in Pakistan by visiting their websites, filling out contact forms, or reaching out via phone, email, or WhatsApp as provided on their legal service pages.
Yes, a husband and wife can dissolve their marriage through mutual consent in a process called Talaq-e-Mubarat. This is when both parties agree to part ways, and the dissolution is mutual, without any dispute.

Conclusion

In conclusion, *Khula* allows Muslim women in Pakistan to legally end their marriage when it no longer works. Whether done locally or through a representative for overseas Pakistanis, women can request a divorce even without the husband’s agreement. With the right legal help, the court handles the process and issues the final Divorce Certificate after trying to reconcile the couple.
If you require assistance during this time, my firm can help safeguard your rights. Call +92 321 4305422 today to schedule your free consultation. We offer remote video & Zoom conferences as well.

Family Law

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