How to file a khula case?
Khula is a Muslim woman’s right to divorce if the husband is not agreeing on giving divorce. In other words, if a woman wants to get rid of her marriage or husband due to some solid reasons she can file a khula case in court and get the marriage dissolved. But here arises a question: what is the correct way of filling a Khula case in court? Here’s what you need to know about the khula procedure if you are planning to go for a khula.
Filing of Khula case in Pakistan
Any woman can easily file a khula case and get rid of her unwanted relationship with her husband. The process of the Khula case is mentioned as follows.
● File a khula suit
Any woman who wishes to get khula has to file a khula suit in court. For this, she can hire any family lawyer and discuss her matter with the lawyer. The lawyer will evaluate the case and will file a khula suit on her behalf. Moreover, she will have to provide solid grounds on which she wishes for a khula.
● Issuance of khula notice
The court will then send a khula notice to the husband. And, the court will request him to attend the next hearing and submit his answer. The husband has to submit his response on the due date and if he does so the court will order a reconciliation.
● Attempt to reconcile
The court will offer the couple a chance to reconcile and reconsider their relationship. If the wife wishes to reconcile and go back to her husband then the court might adjourn. However, if the wife does not want reconciliation then the court might order another hearing for evidence
● Final hearing
Upon the final hearing, the wife and her lawyer have to provide solid grounds for khula and they have to provide evidence. If they successfully prove their stance then the court will issue the khula order.
Solid Grounds for filing a khula suit
A woman can file a khula case in the following scenarios
● If her husband abandons her for more than 4 years
● If the husband has not been providing a living for his wife for over 2 years
● The husband has attempted polygamy without his wife’s consent
● Imprisonment of husband for more than 7 years
● If the wife is facing Mental or physical abuse by the husband
● If the wife has been forced into child marriage by her parents
● If the husband possesses any mental or serious physical illness
● Are there any specific documents that a woman needs for filling a khula case?
No, she only needs a valid CNIC and marriage certificate, nothing else.
● Where would the custody of kids go in case of a khula?
The wife can claim custody in case the husband is unable to bring the kids up. Otherwise, the court will decide on its own.
● What if the husband does not appear before the court or is not receiving the notice?
In such cases, the court mostly publishes the notice in Newspapers and set a next hearing date.