Legal Procedure for Khula in Pakistani Family Courts
Introduction:
The legal process for obtaining a Divorce or Khula Decree from the Family Court in Pakistan is designed to be accessible and straightforward, especially for wives seeking the dissolution of their marriages. The following delineates the Khula Procedure adopted by the Family Court in Pakistan.
Understanding Khula:
Traditionally, divorce is considered the prerogative of the husband in Islam. However, Islamic law recognizes situations in which a woman may exercise her right to free herself from the marital bond. The dissolution of marriage at the wife’s request in Islam can be pursued through two avenues:
1. Divorce Ordered by the Court: This option is available if the wife can demonstrate that she is facing harm within the marriage, empowering the court to grant a divorce under such circumstances.
2. Khula’: Unlike divorce ordered by the court, Khula’ does not necessitate the presentation of a specific reason. Islam acknowledges a wife’s inherent right to seek Khula’ without providing detailed justifications. Even a wife’s general dissatisfaction with her husband is considered a valid reason for seeking Khula’.
During the application for Khula’, the wife is not obligated to provide extensive reasoning for her decision, other than expressing her desire to end the marital relationship.
In essence, the Khula Procedure in the Family Court of Pakistan aims to facilitate the dissolution of marriages for women, providing a legal avenue for those seeking relief from an untenable marital situation.
Khula Procedure in the Family Court:
A wife can initiate the dissolution of her marriage through Khula by personally navigating the procedure or by enlisting the assistance of a lawyer. The process can be summarized as follows:
1. Preparation of Legal Case: A competent lawyer prepares a case brief according to the law, securing the legal interests of the wife and obtaining her signatures.
2. Filing the Case: The lawyer files the case before the court, prompting the court to summon the husband through notices (registered mail and TCS, etc.) and publication in a newspaper. The family court mandates the husband’s appearance within 10 to 15 days and provides an opportunity for him to file a written statement.
3. Court Appearance and Reconciliation: If the husband appears before the court, he can file a written statement. The court then sets a date for reconciliation (7 to 10 days).
4. Reconciliation Attempt: On the reconciliation date, the court endeavors to reconcile the parties. If reconciliation fails, the court issues the Khula decree.
Non-Appearance of Husband:
If the husband fails to appear before the court on the given date, the court issues an ex-parte decree in favor of the wife.
Divorce Effectiveness Certificate from Union Council:
Obtaining a Divorce Certificate is mandatory for updating marital status in NADRA and contracting another marriage. After receiving the Khula decree, the wife submits it to the relevant Union Council, along with a notice of intimation for the issuance of the divorce certificate. The Union Council, situated in the wife’s residential area at the time of filing the suit, then issues notices to the husband for reconciliation. If reconciliation fails or the husband remains absent from proceedings, the Union Council is obligated to issue the Talaq/Divorce Certificate after 90 days from the date of notice to the concerned Union Council. It’s important to submit the notice of intimation of Divorce/Khula promptly to initiate the 90-day period.
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