To obtain a Divorce / Khula Decree from Family Court is very simple and convenient for a wife in Pakistan. The following Khula Procedure from Family Court is adopted in Pakistan for dissolution of marriage on the basis of Khula;-
What is Khula.?
Divorce is basically the right of husband but in certain Islam acknowledges the right of a woman also to free herself from the marriage bond. Islam allows the dissolution of marriage at the request of the wife in two ways:
a divorce ordered by the court if she proves that she is being subjected to harm in her marriage and khula’ which does not require any reason.
A wife’s mere dislike for her husband is reason enough for a khula from him. While applying for khula’ she is not required to provide any justification for her request other than that she does not want to stay married to her husband.
The procedure of Khula in Family Court:
A wife may apply before the court for dissolution of marriage on the basis of Khula personally (if she knows the procedure) or through a Lawyer. We can simplify it in the following points: –
1.A competent lawyer prepared a case brief according to law and after securing your legal interests and get your signatures over it.
2. Lawyer files a case before the court and same day court summons the husband through notices (registered Ad and TCS etc ) and publication in a newspaper. Family court bound the appearance of the husband within 10 to 15 days and give him an opportunity to file his written statement.
3. A husband may be appeared before the court through a lawyer and file his written statement. If the written statement is filed before the court then court fixes the next date for reconciliation (7 to 10 days).
4. If on the fixed date of hearing court tries for reconciliation through the statement of parties and if reconciliation fails, the court shall issue the khula decree straight away.
Non-appearance of Husband before the court.
If the husband does not appear before the court on the given time then the court shall issue an ex-part decree in favour of the wife.
Divorce effectiveness Certificate from Union Council;
Divorce Certificate is a mandatory requirement for updating marital status in NADRA and also for contracting another marriage.
After obtaining khula decree, the wife must submit it before concern union council along with a notice of intimation for issuance of the divorce certificate. The concern Union Council is the residential area of the wife where she is residing at the time of filing suit before the family court.
Arbitration Council / Union council shall issue the notices to husband for reconciliation purpose. If reconciliation fails or husband remains absent from proceedings then Union council is bound to issue to Talaq / Divorce Certificate after the expiry of 90 days. The period of Ninety days starts from the date of notice to concern union council and not from the date of the decree of Khula. Therefore, a notice of intimation of Divorce / Khula should be submitted before concern union council forthwith.