Khula Procedure in Pakistan
For the Khula procedure in Pakistan, you have to hire a lawyer. All you need to do is provide the relevant documents to the lawyer and tell him on what grounds you need the khula. The lawyer will prepare your case and file it in the court. You only have to visit the court once after the filing of the case. Rest is the job of your lawyer. Those who are abroad can process their khula procedure for overseas in Pakistan. The khula rules in Pakistan permit a female to file their case while they are abroad. Once the case is finalized, the court issues the Khula decree in Pakistan. Khula in Pakistan is the right of every female. The procedure of khula in Pakistan is not lengthy. Our law firm has kept economical khula fees in Pakistan. You may contact us for the khula process.
KHULA PROCEDURE IN PAKISTAN
Below is the step-by-step Khula procedure in Pakistan:
- A Khula case is filed before the Family Court. Therefore, the first step is to contact a lawyer.
- Provide all the relevant information and documents to your lawyer.
- The lawyer will draft your case and file it before the Family Court.
- The court will issue notices to the husband. If he does not appear before the court, the court may order publication of a notice in a newspaper.
- If the husband appears before the court, he will submit his written statement. If he does not appear, the court will proceed with the case ex parte against him.
- The court will fix a date for recording evidence, and the wife’s lawyer will produce evidence before the court to establish that the grounds for Khula exist.
- Meanwhile, the court will also make efforts to reconcile the husband and the wife.
- The court will fix a date for final arguments, and the lawyer will argue that the court should grant a Khula decree in favour of the wife.
- If the court is satisfied, it will issue a Khula decree in favour of the wife. Otherwise, it may dismiss the case.
Khula In Pakistan
Divorce is the right of every husband and wife in Pakistan. When a male gives a divorce, it is called talaq, and when a female takes a divorce from her husband through the court, it is called khula in Pakistan. For the khula procedure in Pakistan, the wife has to hire the services of a lawyer and file her case in the family court. When the husband does not divorce the wife, the wife can file the case in the family court. The khula procedure for overseas Pakistanis is the same as for those females who are in Pakistan. A female must take the grounds for khula in Pakistan as provided by the law, which she needs to prove in court. Always hire the services of a good lawyer who can effectively prove your case in court. We are lawyers, and we can conduct your khula procedure in Pakistan quickly.
Khula procedure for overseas Pakistanis
If an overseas Pakistani wife wishes to file a Khula case, she can do so without coming to Pakistan. Below is the step-by-step Khula procedure for overseas Pakistanis:
- Hire the services of a lawyer and provide all the relevant information and documents.
- The lawyer will email a Power of Attorney to the wife.
- The wife will print the Power of Attorney and have it attested by the Pakistani Embassy or Consulate in the country where she is residing.
- The wife will send the original attested Power of Attorney to the lawyer by post or courier.
- The lawyer will have the Power of Attorney attested by the Ministry of Foreign Affairs in Pakistan.
- The lawyer will draft the case and file it before the Family Court.
- The court will issue notices to the husband.
- If the husband appears, he will submit his written statement and contest the case. If he does not appear, the court will proceed ex parte against him.
- On the date fixed for evidence, the lawyer will produce oral and documentary evidence before the court.
- On the date fixed for arguments, the lawyer will argue the case and request the court to grant a decision in favour of the wife.
- If the court is satisfied, it will issue a decree in favour of the wife.
The overseas Pakistani Khula procedure is explained above. However, if you still have any questions, you may contact an expert khula lawyer in Pakistan. Judicial divorce in Pakistan is the right of every eligible female, whether she is residing in Pakistan or abroad. Online Khula in Pakistan can be obtained by hiring a lawyer. An experienced Khula lawyer in Pakistan deals in family law matters efficiently.
A professional infographic chart is pasted here for your convenience. Still, if you have any questions regarding the process of dissolution of marriage in Pakistan through the female, you may contact an expert family lawyer in Pakistan.
Law Of Divorce And Khula
The law of divorce and khula in Pakistan gives the right to both the husband and the wife that if they don’t want to live with each other, they can dissolve the marriage. The divorce rules state that the law does not bind two people to live with each other if they don’t want to. The female can get divorce without her husband’s consent in Pakistan. Individuals seek khula when the husband refuses to grant a divorce. If the husband is getting a divorce, then there is no reason to get divorce from Pakistan.
How to File Application For Khula
Filing for khula in Pakistan involves a legal question and requires following a legal process. A lawyer cannot teach you the law or the process, but if he knows his job, he can get you the divorce quickly. Our law firm in Pakistan is an expert in family cases, and we can conduct the legal process quickly from the courts. The khula procedure for overseas Pakistanis is almost the same for all. The law of divorce and khula permits both the residents and non-residents to obtain the khula from the court. We also have Khula online services in Pakistan. You may consult on your issue, and we will get you the best legal solution for the family case.
DIFFERENCE BETWEEN KHULA AND DIVORCE
- Divorce in Pakistan is pronounced by the husband, whereas Khula is obtained by the wife through the Family Court.
- Divorce proceedings involve the Arbitration Council after pronouncement of Talaq in Pakistan, whereas a Khula case is filed before the Family Court.
- A husband does not need to prove any ground to pronounce divorce, whereas a wife seeking Khula must establish the grounds before the court through her lawyer.
WHO CAN FILE KHULA?
- A Pakistani wife residing in Pakistan
- A Pakistani wife residing abroad
- A foreigner wife residing in Pakistan
- A foreigner wife residing abroad
- Wife who is married to a Pakistani
- Wife who’s marriage is registered in Pakistan
RELEVANT LAW FOR KHULA
Below are the relevant laws
Family Courts Act, 1964
Dissolution of Muslim Marriages Act, 1939
Muslim Family Laws Ordinance, 1961
Muslim Family Courts Rules
Relevant Judgments of the Supreme Courts and High Courts
The Dissolution of Muslim Marriages Act, 1939, and the Family Courts Act, 1964, are the main laws dealing with these cases.
CASE LAW PLD 2013 Peshawar 12
In the case titled Amber Gul Vs Haq Nawaz Khan the peshawar high court stated that the Family Courts do not support a hateful or irreconcilable union between a husband and wife.
COMMON MISTAKES FEMALES MAKE IN KHULA CASES
A common misconception among women in Pakistan is that they become divorced immediately after obtaining a Khula decree. A Khula decree issued by the Family Court is not the final divorce. After the Khula decree, there is an iddat period of 90 days. Upon completion of the iddat period, the wife is issued a Divorce Certificate in Pakistan.
RESOLUTION TO COMMON MISTAKES IN KHULA
It is always recommended to consult a lawyer. After obtaining the Khula decree, the wife should wait for the completion of the 90-day iddat period and then obtain her Divorce Certificate. Only after receiving the Divorce Certificate should she proceed with her next marriage, including a court marriage in Pakistan.
WHAT HAPPENS WITH HAQ MEHAR AFTER KHULA
In lieu of Khula, the wife has to leave her Haq Mehar amount.
In Case Haq Mehar Is Received by Wife
In case the Haq Mehar is already received by the wife, then she has to return all or any part of it as directed by the court.
In Case Haq Mehar Is Not Received by Wife
In case she has not received the Haq Mehar amount, then she has to leave all or part of the Haq Mehar in lieu of her divorce as directed by the court.
Prompt and Deferred Haq Mehar
The deferred Haq Mehar is paid by the husband in case of Talaq, and the prompt dower is paid by the husband on demand of the wife.
CAN WIFE CLAIM DOWRY ARTICLES AFTER KHULA
Yes! The wife can claim dowry articles after Khula and before also. Dowry articles can be claimed by the wife at any time before the Family Court.
WHAT INCLUDES DOWRY ARTICLES
The dowry articles include all articles which were given to the husband or his family by the bride or her family. It includes:
- Gifts
- Gold
- Jewellery
- Property
- Vehicles
- Cash
- Etc.
MAINTENANCE OF WIFE DURING KHULA CASE
The husband is bound to maintain the wife during the marriage and even during the case of Khula till the period of Iddat. The wife can claim the maintenance amount along with her case of dissolution of marriage.
WHICH FAMILY COURT HAS JURISDICTION IN KHULA CASES
The Family Court which has jurisdiction in Khula cases is as below:
- City where the husband resides
- City where the wife resides
- City where both last resided
- City where the marriage was registered
- City where the special attorney or the lawyer is residing
- City where the wife is temporarily residing
CAN KHULA BE FILED IN THE COURT OF A DIFFERENT CITY
Yes! The wife can file a case of Khula in the court of a different city. The wife can file a case in any city of Pakistan as per the Family Court Act and Rules.
KHULA WHEN HUSBAND IS LIVING ABROAD
A wife can file a case of Khula when the husband is living abroad. She can file the case in the below scenarios also:
- When the husband is living in the UK
- When the husband is living in the USA
- When the husband is living in Saudi Arabia
- When the husband is living in Qatar
- When the husband is living in the UAE
- When the husband lives in Oman
- When the husband lives in Italy
KHULA WHEN HUSBAND REFUSES TO ACCEPT COURT NOTICES
A wife can get Khula when the husband refuses to accept court notices. In this case, the court will proceed ex parte against him.
KHULA WHEN HUSBAND DOES NOT APPEAR IN COURT
A wife can also obtain Khula when the husband does not appear in court. In this case, the court will proceed ex parte against the husband.
KHULA WHEN NIKAHNAMA IS LOST OR NOT AVAILABLE
The wife can also obtain Khula when the Nikahnama is lost or not available. Nikahnama is optional to file the case of dissolution of marriage in Pakistan.
KHULA BEFORE RUKHSATI / AFTER RUKHSATI
The wife can file the case of Khula before Rukhsati and after Rukhsati in Pakistan. If the case is filed before the Rukhsati, then the wife has to return the complete dower amount and there will be no Iddat period.
WHAT IS WRITTEN IN THE PLAINT FOR KHULA
In the plaint of Khula, the complete details of the parties, along with the subject matter, are written. In the last, it is prayed from the court that the decree of Khula should be granted to the wife.
KHULA IN CASE OF SECOND MARRIAGE OF HUSBAND
The case of Khula can be filed if the husband has done a second marriage without the permission of the first wife. The second marriage of the husband is one of the valid grounds of Khula in Pakistan.
CHILD CUSTODY IN CASE OF KHULA
The child custody in case of Khula goes to the mother of the child. Khula and child custody cases are two different cases.
DIVORCE CERTIFICATE AFTER KHULA
After the Khula decree, the wife has to undergo the Iddat period of 90 days. After the Iddat period, she can obtain her divorce certificate in Pakistan.
WHAT IS MENTIONED IN KHULA DECREE
Below are the things which are mentioned in the Khula decree issued by the court:
- Name of court
- Parties’ names
- Case number
- Details of case
- Decision of court
- Condition on which the divorce is granted
- Date of decision
VERIFICATION OF KHULA DECREE
The verification of the Khula decree can be done through the court’s record. The online record of the case can also be verified from the official website through the case number.
KHULA OF FOREIGN NATIONALS MARRIED WITH A PAKISTANI
The case of Khula of foreign nationals married with a Pakistani citizen can be filed before the Family Court. A foreign national can file a case either after coming to Pakistan, or she can hire a lawyer as her special attorney to file the case in her absence.
WHERE IS FAMILY COURT IN LAHORE
The Family Court in Lahore is at the end of Mall Road.
HOW MUCH IS KHULA FEES IN PAKISTAN
The khula fees in Pakistan is between Rs50000 to Rs100000
KHULA DURATION IN PAKISTAN
The khula duration in Pakistan is between 2 to 6 months
LATEST UPDATES
We periodically update this page from time to time with the changes in family laws. The laws can be changed or repealed at any time by the government.
AUTHOR AND OUR SERVICES
Our law firm, Nazia Law Associates, based in Lahore, Pakistan, deals with family law matters. We handle divorce and Khula cases for overseas Pakistanis. We have been providing legal services since 2008 and have dealt with thousands of family law cases. We can also assist you in obtaining a Divorce Certificate quickly. We regularly practice before the Civil, Criminal, and Family Courts in Lahore, Pakistan. The author of this webpage Advocate Nazia can be contacted for the family cases
WHO WILL GET CHILD CUSTODY AFTER KHULA ?
HOW MUCH TIME IT TAKES TO GET KHULA ?
Many people want to know how much time it takes to get khula in Pakistan. The answer is that no lawyer can give you a fixed time and date because it is the judge who gives the date and not the lawyer. The law requires that the family case be decided within six months. So the maximum limit for the disposal of the Khula case is six months. Generally, it takes about three months to get the khula, but in the city of Lahore, the model courts also finalize the khula decree in Pakistan in just one month. Our law firm can get you the khula from the courts in just one month.
DOCUMENTS REQUIRED FOR KHULA
WHAT ARE THE GROUNDS FOR KHULA ?
Below are some general grounds for khula in Pakistan.
- Physical and mental torture
- Non maintenance
- Impotency
- Insanity
- Imprisonment
- Desertion of wife from house
WHERE TO GET POWER OF ATTORNEY FOR KHULA PROCEDURE FOR OVERSEAS
You don’t need to find a power of attorney for the Khula procedure overseas. If you are overseas and need a khula, you can send the required documents to your lawyer. Your lawyer will draft the power of attorney and email it to you. All you have to do is take the print of this power of attorney get it attested from the Pakistani embassy or consulate and post it to your lawyer. Your lawyer will need your power of attorney to file your case in Pakistan in your absence.
CAN YOU HAVE RECONCILIATION AFTER KHULA?
Yes, you can have a reconciliation after Khula. The courts consider khula to be a single divorce. There is an iddat period after khula. During this iddat period after khula, you can have reconciliation after khula. After the expiry of the iddat period after khula, also the ex-husband and wife, if they want to rejoin, then they have to remarry again. The ex-husband and wife can remarry without any halala in Pakistan.
WHO PAYS THE CHILD MAINTENANCE AFTER KHULA?
Child maintenance after khula in Pakistan is the responsibility of the father. Most women do not take khula, fearing who will pay for the child maintenance after khula. The child maintenance after khula is the sole responsibility of the father. Additionally, you must pay maintenance to your son until he turns 18 and to your daughter until she gets married. Even if the wife does not take khula, she can file a child maintenance case in court.
WHAT ARE KHULA RULES IN PAKISTAN?
KHULA FEES in Pakistan
The khula fees in Pakistan depend on case to case and city to city. Generally, the khula fees in Pakistan are between Rs50000 and Rs500000, depending on the circumstances of the cases. Competent and experienced lawyers in Pakistan charge more fees.
IS KHULA IN ISLAM ALLOWED?
Yes! Islam permits khula. In fact, the right of khula to the wife is given by Islam, and the law in Pakistan is made according to the religion Islam.
HOW TO GET A KHULA CERTIFICATE IN PAKISTAN
When you have hired a lawyer, then it is your responsibility to get the Khula certificate in Pakistan. Islam grants the right of khula to the wife, and Pakistani law is based on Islamic principles. The court issues a khula decree in Pakistan. However, the divorce certificate in Pakistan is issued after the iddat period following Khula.
HOW MUCH IS THE KHULA CASE DURATION?
WHAT IS THE KHULA DECREE IN PAKISTAN
The Khula decree in Pakistan is the final court’s decision in the Khula case. When the court finalizes the case, it issues the decree.
WHERE TO GET KHULA NAMA FORM
There is no such thing as a khula nama form in Pakistan. You file khula in court through a lawyer. All you need to do is discuss your case with the lawyer, and he will draft your case and then file it in court. You do not file cases using a khula nama form in Pakistan.
WHO GETS CUSTODY OF CHILD AFTER KHULA IN PAKISTAN
Who gets child custody after Khula in Pakistan is a legal question. The courts decide who will get the custody. Most of the females don’t apply for khula in the courts for the reason that they will lose child custody. The fact is that the child custody and the Khula case are two different things. The case of Khula does not affect the child custody. The female does not lose the child custody due to Khula. The custody of the child will be decided by the guardian court according to the law
HOW MUCH IS THE IDDAT AFTER KHULA
The iddat period after khula has two aspects. The legal aspect says that the period of iddat after khula is 90 days. However, in Islam, there is a difference of opinion in the different sects of Muslims. One sect says that in khula the period of iddat is one month, and the other sect says that the period of iddat after khula is 90 days.
WHAT ARE THE RIGHTS OF THE WIFE AFTER KHULA?
What are the rights of a wife after khula is a legal question. The law grants legal rights to women. The khula does not take away any right from the wife after the khula.
WHAT IS THE PAKISTANI LAW OF KHULA?
The Pakistani law of khula in Pakistan says that the wife can get the khula through a lawyer from the family courts. The law says that the female should file the case of Khula on some good grounds, and she has to prove those grounds through evidence. Always hire the best family lawyer in Pakistan to secure your divorce quickly from the court.
IS PAKISTANI KHULA ACCEPTED ABROAD?
Yes! Abroad, they accept the Pakistani khula. Divorce taken in Pakistan does not expire in other parts of the world. For example, if a couple marries in the USA and later comes to Pakistan, we do not require them to marry again simply because they are now in Pakistan. Similarly, when a couple divorces in Pakistan, they are not required to get divorced again when they move to the USA.
SAMPLE OF KHULA LETTER
There is no such thing as a sample of a khula letter in Pakistan. The drafting of the case depends on case to case. When you hire a lawyer, you tell him all the details. The lawyer, after taking all the details, drafts your case to represent you in court. This means that there is no such thing as a sample of a khula letter in Pakistan.
WHAT IF THE FEMALE NEEDS BOTH KHULA AND HAQ MEHAR
If a female needs khula and haq mehar, she can file the combined case in the court; however, the general principle is that the female has to leave her haq mehar when she files the case of khula. The khula procedure in Pakistan allows the female to file a haq mehar case as well; however, the courts generally do not grant haq mehar in khula cases.
CAN YOU FILE KHULA BEFORE RUKHSATI?
Yes! A female can file khula before rukhsati in Pakistan. The female can file khula before rukhsati and even after rukhsati.
WHAT ARE THE REQUIREMENTS FOR KHULA IN PAKISTAN?
The requirements for khula in Pakistan may vary from case to case. You may consult your lawyer for the khula procedure in Pakistan and its requirements.
CAN A FEMALE GET KHULA WITHOUT REASON
No, the law does not allow a female to get khula without reason. The law says that in order to get her case decreed in her favor, she should have a valid reason. Her lawyer must prove this reason. This is why it is advisable to hire an expert family lawyer in Pakistan who can smoothly handle your khula procedure.
CAN A FEMALE GET KHULA WITHOUT HUSBAND'S CONSENT?
Yes! The female can get khula without her husband’s consent. This case is, in fact, filed only when the husband is not giving her the divorce. If the husband has divorced the wife, then the female should not even file this case. A female files the case of khula only when the husband does not consent to divorce her. When the husband does not divorce the wife, then the wife can approach the court through a lawyer to get the khula.
WHAT IS THE DIFFERENCE BETWEEN KHULA AND DIVORCE?
Many of the people don’t know what the difference between khula and divorce is. Divorce marks the end of the matrimonial bond initiated by the husband, and when the wife obtains this divorce through the court, it is called khula.
HOW TO SEND KHULA NOTICE IN PAKISTAN
It is not your job to send the Khula notice in Pakistan. You file the Khula case in the family court. When you file the case in the family court, your lawyer submits the payment for notices, and the court sends the notice before the next hearing date. The courts send the khula notice in Pakistan.
ARE THERE ANY KHULA ONLINE SERVICES IN PAKISTAN?
Yes! You can avail of Khula online services in Pakistan through a lawyer. You may hire a lawyer online and provide him with all the details here, and then he can file your case in the family court. Lawyers are licensed to practice law, so every case in court is conducted through a lawyer.