What is dissolution of marriage by the court in Pakistan?

Procedure to obtain Khula in Pakistan

In this article, we are going to write an answer to a few very common questions asked by many Pakistani females. The questions are:-

• What is the Khulla process in Pakistan?
• What is the Step by Step Procedure of Khula or Divorce through the court in Pakistan?
• What will happen if the husband does not appear before the court during the Khulla process or court hearings?
• Does a woman need any witnesses during the khulla process in Pakistan?

Understanding Khula (Court-Ordered Dissolution of Marriage)

Khulla by definition is a form of divorce according to which a husband denies divorcing his wife and the wife seeks divorce through a prescribed law. If the wife wants to obtain divorce then she will have to file a suit for Dissolution of Marriage in the Family court of her area and the Family Court will issue a decree of divorce after hearing the case. khula is a right given to the female in Islam as well so the Pakistani Laws. However, these are some fundamental questions…

• When and how a wife can file a khula suit in family court
• Are any limits to the institution of divorce suits?
• How much time is required for getting a Decree of Dissolution of Marriage?
• Can a woman remarry the same husband without the intervention of a third person i.e (HALALA) after khulla decree?

As per Pakistani Family laws, a family court will decide the matter within 3 months. But unfortunately in many cities of Pakistan, this does not happen and the case may linger up to 5 or sometimes 6 months in total. After getting Khulla’s decree the matter is sent to the concerned Union Council for the issuance of the Divorce Effectiveness Certificate.

The Legal Procedure for Khula in Pakistan

1. What is Khula?

• Khula, under Pakistani law, is a form of divorce where a wife seeks dissolution through the court, especially if her husband refuses to grant her a divorce. To initiate this, the wife must file a suit for Dissolution of Marriage in her local Family Court, which will grant a decree after reviewing the case. Khula is recognized in both Islamic teachings and Pakistani law, safeguarding women’s right to end their marriage under specific conditions.

2. Filing for Khula in Family Court

• If a wife cannot fulfill her marital responsibilities or lacks the “delegated right of divorce” specified in column 18 of her Nikahnama, she can file for Khula in Family Court. This process is legally termed a suit for the dissolution of marriage.

3. Grounds for Khula

• Pakistani Family Laws allow a wife to seek divorce on several grounds, including:
  • The husband’s disappearance for over four years.
  • Failure to provide financial maintenance.
  • Criminal convictions resulting in a sentence of seven or more years.
  • Medical incapacity to perform marital obligations for three years.
  • Impotency at the time of marriage.
  • Incurable diseases or other severe conditions.

Beyond these legal grounds, additional circumstances may be applicable under Muslim Family Law.

4. Timeframe for Obtaining Khula

• According to Pakistani Family Laws, the Family Court should resolve Khula cases within three months. However, in many cities, this timeframe may extend up to five or six months due to procedural delays. Once the Khula decree is issued, the case is forwarded to the relevant Union Council for the issuance of a Divorce Effectiveness Certificate.

5. Witnesses in Khula Cases

• Witnesses are not typically required during the Khula process, but each case may have unique requirements. A knowledgeable lawyer can guide you through this aspect based on your circumstances.

6. Can a Woman Remarry the Same Husband After Khula Without Halala?

• Khula-based divorce is considered a “Talaq-e-Ba’in” (irrevocable divorce). However, spouses can remarry without requiring Halala or the intervention of a third party, as permitted by Islamic law. Even after receiving a Talaq Muasar certificate from the Union Council, former spouses can reunite in marriage, even after a considerable period.