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?

Khula Process or procedure of divorce through Family Court in Pakistan

Khulla by definition is a form of divorce according to which a husband denies divorcing wife and wife seeks divorce through a prescribed law. If the wife wants to obtain divorce then she will have to file a suit of 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 right given to the female in Islam as well so the Pakistani Laws. However, there are very important questions...

• When and how a wife can file a khula suit in family court
• Are any limits for the institution of divorce suit?
• 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?

According to the 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 decree the matter is sent to the concerned Union Council for the issuance of the Divorce Effectiveness Certificate.

Questions 1: When and how a wife can file a khula suit in family court?

Answer: When a wife feels that she cannot perform her matrimonial obligations due to any reasons and she also does not have "delegated right of divorce" in column 18 of her Nikahnamma then she will have to seek the khulla decree from a family court. It is also called filling a suit for dissolution of marriage in the court.

Question 2: Are any limits for the institution of divorce suit?

Answer: As per Pakistani Family Laws a woman is entitled to seek a decree of marriage dissolution on any or more of the following grounds: Husband is missing for four or more years, the husband has failed to maintain the wife, the husband was involved in any crime and sentenced for 7 or more years, the husband is medically not able to perform marital obligations for a period of three years, the husband was impotent at the time of marriage, the husband has an incurable disease etc.Besides these grounds, there are some other grounds available to wives for the dissolution of marriages under Muslim Law.

Question 3: How much time is required for getting a Decree of Dissolution of Marriage?

It depends upon various factors such as in which province do you live, what are grounds for the khulla, how the case is being responded to by the husband etc. Plus having a good and reliable lawyer for your khula case is also very important.

Question 4: Can a woman remarry the same husband without the intervention of a third person i.e (HALALA) after khulla decree?

Answer: Divorce on the basis of Khula would be Talaq e bayen (single divorce). Husband and wife would be at liberty for a reunion (remarry) without the intervention of a third person i.e (HALALA), even after the issuance of the Talaq Muasar certificate by the union council and even after a lapse of 10 years. PLD 2014 Fsc 43 PLD 2013 Lhr 88 2011 CLC 1211 PLD 2011 Lah 458 PLD 2003 Pesh, 169