What is Khula?
Khula is the legal right of a Muslim woman in Pakistan to dissolve her marriage through the court if she is unable to continue her marital relationship. Under Islamic law and the Family Courts Act 1964, a wife can seek Khula in Pakistan by filing a case in the Family Court, stating valid reasons such as domestic violence, cruelty, non-maintenance, or incompatibility. Unlike Talaq, which is initiated by the husband, Khula is a woman’s right to seek separation through legal means.
Legal Steps to Obtain Khula
The Talaq procedure in Pakistan begins when the wife files a suit for dissolution of marriage in the Family Court. The court issues a notice to the husband and attempts reconciliation through mediation. If reconciliation efforts fail, the court grants a Khula decree based on the evidence provided by the wife. In most cases, the wife is required to return the Haq Mehr (dower) and any other benefits received from the husband, as per Islamic law.
Finalizing the Khula Process
Once the court issues the Khula decree, the wife must submit a certified copy of the decree to the Union Council for registration. The Union Council then issues a divorce certificate, officially dissolving the marriage. The wife must also observe the Iddat period (usually 90 days) before she can remarry. It is essential to follow all legal steps to ensure that the Khula is recognized both legally and religiously.
Legal Assistance and Documentation
Seeking legal assistance from a family lawyer can help simplify the Divorce procedure. The necessary documents for filing a Khula case include the wife’s CNIC, Nikahnama (marriage contract), and an affidavit stating the reasons for seeking divorce. It is important for women seeking Khula to understand their legal rights under Islamic law and Pakistani family laws, ensuring a fair and just process.
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