What is the Pakistani Khula Law?
The Khula Law is an Islamic law that holds value in the Pakistani Court Of law. It acknowledges that the wife cannot divorce her husband but can apply for a divorce appeal to the court. According to Pakistani law, the woman should meet strong grounds on which she can easily file her case. After filing, she must prove her case through an expert lawyer who can easily proceed with helping her get the Khula.
What if the husband doesn’t agree with Khula?
The latest amendment has simplified the grounds on which the court gives Khula. If the woman states she can no longer continue the marriage even if she is killed, this is enough to grant her Khula. The case is always favorable for the woman, and her husband can’t raise objections against her wish.
What are the grounds on which Khula is granted in Pakistan?
The grounds on which Khula can be filed include the absence of maintenance, desertion from the house, cruelty, impotence, being aware of the husband’s whereabouts or if the husband is imprisoned, if the husband marries again, absence of marital obligations, insanity or any venereal disease, the bad character of immortality, property disposal and even creation of obstacles in religious duties.
What is the procedure for filing a Khula in Pakistan?
The legal steps that can be taken to proceed with filing a Khula include the following:
1- Hire an expert family lawyer and discuss the case
2- File the case of Khula in Court.
3- A notice from the court will be sent to the husband, calling him to appear for the hearing and submit his reply.
4- If the husband appears before the court and submits a written reply, the next date for reconciliation will be fixed, after which both parties will be required to appear before the court.
5- If the wife wishes for reconciliation, the case will be dismissed, but if she refuses, the court will grant Khula. A date will be given to present the evidence.
6-The lawyer will take care of the evidence and prove the case according to the situation.
7-The court will fix the next date for arguments. Once reasonable grounds exist, and the court is satisfied, the court will grant a khula decree in favour of the wife.
8- If the husband is absent after notices are sent to him to appear, the court will order it published in the newspaper. After the publication in the newspaper, the court will fix a date for the opposite party’s evidence and arguments.
Can the court grant KHULA without the consent of the husband?
Yes! The wife can be given the Khula from her husband even if the husband doesn’t consent.