Khula, under Pakistani law, refers to the right of a woman to seek a divorce from her husband. Here's a basic overview of the grounds and procedures for Khula in Pakistan:
Grounds for Khula in Pakistan:
Cruelty: If the husband treats the wife with extreme cruelty, making it intolerable for her to continue the marriage.
Desertion: If the husband has abandoned the wife for a significant period without any reasonable cause.
Failure to maintain: If the husband fails to provide maintenance to the wife for an extended period.
Impotency: If the husband is unable to fulfill his marital duties due to impotency.
Irreconcilable differences: If there are irreconcilable differences between the spouses making the continuation of the marriage untenable.
Procedure for Khula in Pakistan:
Filing of Petition: The wife files a petition for Khula in the family court having jurisdiction over the matter.
Statement and Evidence: The wife must state her grounds for seeking Khula and provide evidence supporting her claims.
Hearing: The court will then issue notices to both parties and conduct hearings to evaluate the case.
Attempts at Reconciliation: The court may attempt reconciliation between the spouses through arbitration or mediation.
Decree: If reconciliation fails, and the court is satisfied with the grounds for Khula, it grants a decree dissolving the marriage.
Arbitration (Arjust Khula) Procedure in Pakistan:
In some cases, the court may refer the matter to an arbitration council, especially if reconciliation is possible. The arbitration council will attempt reconciliation, and if unsuccessful, it will issue a Khula decree.
Khula Papers and Forms in Pakistan:
Specific forms and papers required for Khula proceedings can vary depending on the jurisdiction and court requirements. These typically include:
· Petition for Khula
· Affidavit supporting the grounds for Khula
· Evidence supporting the grounds (such as witnesses, documents)
· Notice of court hearings
Khula under Pakistani Family Law:
Khula is governed by various statutes in Pakistan, including the Dissolution of Muslim Marriages Act, 1939, and the Family Courts Act, 1964, which provide the legal framework for seeking Khula and its procedures.
It's important to consult with a qualified lawyer or legal expert familiar with Pakistani family law for specific guidance tailored to individual circumstances.
Click Here: Divorce Procedure & Talaq Procedure
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