Family Laws

PROCEDURE OF KHULA IN PAKISTAN:

If the wife is not willing to live with her husband and wishes to dissolve the marriage she can file a Suit for Dissolution of Marriage on Principle of Khula in the Court of Law having competent jurisdiction. It is an Islamic right available to Wife to seek dissolution of her marriage in case if husband refuses to divorce her.

Now a days procedure of filing khula in court is simplified. All a Wife needs to do is to hire a competent lawyer and provide him with all details and documents necessary for preparing a case. If Wife do not possess the Marriage Certificate (Nikah Nama), she can still file a khula with an affidavit whilst confirming the date of marriage and the fact that Marriage Certificate (Nikah Nama) is in the custody of Husband or any third person as the case may be. After the case is filed, wife along with a witness will submit oral as well as documentary evidence in/before court if required by the court, considering the facts and circumstances the court shall pass a judgement and decree while the pronouncing the Decree of Khula. The proceedings may take upto 1/2 months maximum.

 DIVORCE PROCEDURE:

If you are a resident of Pakistan and are Muslim by belief and are willing to dissolve your wedding relationship with your wife, you can dissolve your marriage by pronouncing divorce to your wife.

In case if you’re an overseas Pakistani Muslim you can read the procedure of Divorce by Overseas Pakistani by clicking at DIVORCE/ KHULA PROCEDURE FOR OVERSEAS PAKISTANIS:

DIVORCE/ KHULA PROCEDURE FOR OVERSEAS PAKISTANIS:

If you are an overseas Pakistani and you wish to dissolve your marriage by giving divorce to your wife or by obtaining a decree of Khula against your husband from a Pakistan family court, now you can do it without your presence in Pakistan.

DIVORCE BY HUSBAND:

i) if you are an overseas Pakistani husband wishing to divorce your wife residing in Pakistan, you will be required to execute a divorce deed and a special power of attorney nominating any person present in Pakistan as your special attorney/representative and get these documents attested from the nearest Pakistan High Commission in your country and send these documents to Pakistan via any registered courier to your representative.

ii). Your representative shall accordingly upon receiving the divorce deed and special power of attorney get same counter attested from the nearest Pakistani Foreign Office.

iii). Once the documents are attested from local Foreign office, your special attorney/ representative cat file application for issuance of Divorce Effective Certificate at the Union Council where your wife is currently residing.

iv). Chairman Union Council shall appoint an arbitration committee which shall upon lapse of 90 days period issue the Divorce Effectiveness Certificate.

KHULA

i). If you are a Pakistani woman residing outside Pakistan and are desirous to obtain a decree of khula from Family Court without coming to Pakistan, you can do so by adopting following procedure:

ii). You will be required to execute a special power of attorney nominating any person as your special attorney/ representative. The Special Power of Attorney will be required to be attested from nearest Pakistan High Commission in your country of stay and sent via courier to your special attorney/representative in Pakistan.

iii). Your representative shall accordingly upon receiving the special power of attorney get same counter-attested from nearest Pakistani Foreign Office.

iv).The personal representative nominated by you must have express power to represent you before the court and depose statement on your behalf in addition to power to appoint a lawyer and sign suit documents etc., to be filed in family court. Additionally he must also have the power to appear and represent you before Union council to file application for issuance of Divorce Effectiveness Certificate.

v). Your personal representative can eventually file a case, through a family lawyer, in the court for obtaining khula.

vi). After the decree of khula is obtained, your special attorney/ representative can file application for issuance of Divorce Certificate from Union Council where your Nikah was registered or where you permanently or temporarily resided during your stay in Pakistan.

vii). Chairman Union Council shall appoint an arbitration committee which shall upon lapse of 90 days period issue the Divorce Effectiveness Certificate.