Wasim Law Services
Divorce / Khula Services
Khula Services in Lahore Pakistan / Khula Procedure
In the legal system of Pakistan, khula is a significant right given to Muslim women. This idea, deeply rooted in Islamic law and codified in Pakistani legislation, gives women the ability to end their marriage in certain situations, giving them control and a chance to shape their own future. Khulla / Khula, literally means to "unfasten" the knot. If the Nikkahnama does not already mention her right to divorce (which can be added), a woman can go to court to seek a khula.
What is the duration of the Khulla / Khula legal procedure?
When it comes to Khulla/Khula in Pakistan, the wife has the basic right to end a marriage if she believes she cannot continue living with her husband. Recently, these cases have been expedited and typically finalized within 1 – 3 months after submitting a khula application. Of course, cases where the husband is absent in court are resolved much quicker through an Ex-Parte Decree. After the Court issues a Khulla / Khula, a copy of the Decree is given to the Union Council, which will send reconciliation notices to both parties for a period of 3 months. If reconciliation is unsuccessful, the Khulla is then officially recorded.
Does a mother lose custody of her minor child after asking the court for Khula?
Because she got Khula from her husband, the mother did not forfeit her right to custody of the minor child. It is a complete misconception from a legal and factual standpoint.
Obtaining Khula for Pakistani Women Residing Abroad
Residing in another country should not prevent you from exercising your legal entitlements in Pakistan. Being an expatriate Pakistani female, getting khula is now easier due to technological advancements and specialized legal services.
Process for Khula in Pakistan
The khula process is usually started by the wife, often with the help of a lawyer, who files a petition in the family court. The khula request must specify reasons, provide evidence, and indicate the requested resolution (dissolution or financial agreement). After that, the court listens to presentations from each side, reviews evidence, and might choose to bring in a mediator to help mend the marriage. In the majority of instances, the Court will issue a decree for the Khula to be approved. If the attempts to reconcile fails, the court will issue a verdict. If the husband or his representative does not appear at the hearing, a decision will be made in their absence. Next, the Order is brought to the Union Council, where the Nikah is recorded, and a Divorce Certificate is provided.
Ruling and Decision on Khulla
If the khula decree is approved by the court, the marriage will be terminated. Sometimes, the wife may have to give back the dower (mehr) she received during marriage in return for the court order. Nevertheless, it is important to understand that giving up the dower is not required, and a judge could look at other options depending on the unique situation of the case. When children are involved, Child Custody and Child Visitation issues usually go hand in hand and persist even after the Khula has been finalized. This is because they are considered as distinct issues, and each will be evaluated based on their respective qualities and situations. We handle all the necessary legal processes, such as preparing and submitting the khula request to the appropriate family court in Pakistan. We manage formal correspondence with officials, act on your behalf in legal matters (if needed), and discuss favorable agreements with your partner, using a Power of Attorney.
