Procedure of Divorce & Khula

PROCEDURE OF DIVORCE AND KHULA IN PAKISTAN:

Islam permits dissolution of marriage between Muslim spouses in three ways i.e. Talaq, Mubarat and khula. Talaq is unilateral act of the husband, whereby, he may divorce his wife. Mubarat on the other hand is one of the forms of dissolution of marriage whereunder spouses may agree to part their ways through mutual consent. Contrary to Talaq and Mubarat, a Muslim woman is also vested a right to obtain divorce through the court of law by instituting a suit, which is termed as “khula”

Zahid Umar Law Office provides best divorce services for Separation through mutual consent of spouse (Mubarat), Divorce and Khula through our expert best family and divorce lawyers in Pakistan. Pakistani citizen living abroad including but not limited to UK, USA, UAE, Saudi Arabia etc. whose marriage has been registered in Pakistan can take benefit of our expert family lawyer’s advice for smoothly proceeding of divorce Mubarat and khula cases through Judicial and administrative government departments of Pakistan.

Dissolution of Marriage:

Under Muhammadan Law marriage in Pakistan can be dissolved through following modes:

Mubarat-Mutual Consent or Agreement.
Divorce/Talaq.
Khula

Mubarat or dissolution of marriage with mutual consent:

When the married parties have reached a certain degree of dislike, hatred due to inconsistency of temper etc. they can dissolve the marriage tie by mutual agreement it is known as Mubarat. To achieve this purpose the marrying parties are required to file a suit before concerned magistrate/family judge for passing a decree for dissolution of marriage on the basis of Mubarat.

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Divorce:

The Decision of man to end the matrimonial tie with his wife is called Divorce.

A man has to pronounce thrice the words “I Divorce the…”, “I Divorce the…” and “I Divorce the…” in the presence of two witnesses. This very act of a man dissolve the marriage between the husband and wife. As per injunction of islam. There is no need to find a particular ground of divorcing the wife this right is exclusively given to husband to divorce his wife at any time.

Talaq e Tafweez:

This is the right of women to divorce herself, this a special right given by the husband at the time of marriage to her wife to divorce herself from her husband whenever, she likes just like man.

Right of Talaq e Tafweez is specifically mentioned in the Nikah nama at the time of Nikah/Marriage between the wife and husband.

Dissolution of marriage through KHULA:

“Khula” denotes the right of a Muslim woman to seek dissolution of her marriage in which she gives or consents to give a consideration to the husband for her release from matrimonial tie as determined by the court. Section 2 of The Dissolution of Muslim Marriages Act, 1939 lays down the grounds on which a Muslim woman can seek a decree for dissolution of marriage on the basis of khula. For ready reference and convenience, grounds on the basis of which Muslim women opt for dissolution of marriage are reproduced below:

Grounds of Khula

That the whereabouts of the husband have not been known for a period of four years;
That the husband has neglected or has failed to provide for her maintenance for a period of two years;
That the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961]
That the husband has been sentenced to imprisonment for a period of seven years or upwards;
That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
That the husband was impotent at the time of the marriage and continues to be so;
That the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;
That she, having been given in marriage by her father or other guardian before she attained the age of [sixteen] years, repudiated the marriage before attaining the age of eighteen years:
That the husband treats her with cruelty, that is to say habitually assault her, and make her life miserable, even if such conduct does not amount to physical ill-treatment. if husband associate women of evil repute or leads an infamous life, or attempt to force her immoral life or dispose of her property without her consent.

Where wife herself wants to dissolve the marriage and need dissolution of marriage Certificate, she has to demonstrate degree of hatred has developed due to conduct of husband & return some benefits in lieu of Khula.

Judge will try to reconcile the dispute between parties either in presence or behalf of two arbiters. In case of failure of reconciliation proceeding judge will call upon wife to state in writing object reason of Khula and upon satisfaction Judge will issue decree to dissolve the marriage on the basis of Khula.

Wife after observing idat period (which is 3 Lunar monts) after divorce will be legally and religiously free to contract second marriage, if so desired.

Procedure of Khula by Court in Pakistan:

The grounds on which the dissolution of marriage on the basis of khula includes the following:

If husband failed to provide maintenance allowance.
Where husband accuse women of committing Zina but wife does not accept it.
If second marriage is conducted by husband without permission of first wife.
If husband is missing for 4 years.
If husband is jailed or imprisoned for 7 years or above.
If husband is impotent at the time of marriage and continues to be so.
Where husband become insane for two years.

Where husband treat his wife with cruelty as follows:

Beating, Assault, Physical ill treatment,
Associating with women of bad repute,
Attempt to force to live immoral life,
Dispose of property of wife against here will or force her to do so.
If prevent wife from exercising her Property rights over property,
Obstructs wife to perform/Practice religious acts.
Failed to maintain inequality in case of two or more wifes.

It is duty of family judge before whom case for dissolution of marriage on the basis khula is presented on above grounds to accept the case by decreeing Suit for dissolution of marriage if such suit is filed before him.

DISOLUTION OF MARRIAGE ON THE BASIS OF KHULA BY FAMILY JUDGE:

Family Judge is required to exercise his jurisdiction in two ways

If divorce is pronounced by husband but wife denies the fact. There are four kinds of divorces Al-Ahsan, Al-Bain, Al-Hassan, Al-Rajai, the judge will decide regarding Talaq/Divorce in the light of injunctions of Islam.
If husband is reluctant to dissolve the marriage then wife could invoke the jurisdiction of Family Court either seeking dissolution of marriage on above mentioned grounds or exercising her right of Khula.

LEGAL OBSTACLE:

If Decree of divorce/Khula/Dissolution of marriage is suspended by superior courts.
Where proceedings before Union Council commences, until the divorce certificate is issued by Union Council through authorized officer.

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.

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