Who Get child Custody after Khula?
Most of the females don’t take khula from the husband, as they fear that they will lose child custody. Who gets child custody after khula in Pakistan is the most concerning question for the females who are on the verge of their matrimonial bond. Khula and child custody are two different things. The female in Pakistan does not lose child custody if she takes khula. Khula has nothing to do with child custody. If a female takes the khula from court, she does not get deprived of child custody in Pakistan. The law of child custody is completely in favor of the mother. The mother has the right of priority of the child custody, so if you still wonder who gets child custody after khula, then the answer is the mother.
Rights:
The wife has the right to obtain khula from the husband. The husband also has the right to give talaq in Pakistan to the wife. If the husband gives a divorce to the wife or the wife takes the khula from the court, they do not lose the child custody. In case of a dispute between the two over child custody, the courts generally decide the child custody in favor of the mother. The mother has the preferential right on the issue of child custody in Pakistan. The courts in Pakistan take a lenient view of the mother in the matter of child custody.
Reasons:
The female cannot be forced to live with her husband for the reason that she has kids; therefore, the courts do not deprive the mother of the child custody. The wife has the right to take khula from the husband, and the husband also has the right to give a divorce in Pakistan. Both the husband and the wife who take the divorce do not get deprived of the child’s custody. In case of a dispute between the court and the mother, the court generally decides the case in favor of the mother. Unless and until there are extreme circumstances, the courts decide the child custody issue in favor of the mother. Once the divorce is finalized, the couple is issued the divorce certificate in Pakistan. This certificate is proof that the couple is now divorced.
Guardian Decision:
The person initiating the divorce does not lose the child custody. This issue is different from the divorce and is dealt with by the guardian courts separately. In deciding the children’s issue, the court normally gives the decision in favor of the mother. All those females who don’t take the khula from the husband for the reason that they fear the child custody can take the khula without this fear. The husband cannot take this plea in the court that the children should be given to him only for the reason that the wife took khula. To take khula is the right of the wife. She cannot be deprived of the child’s custody only for the reason that she exercised this right. For details, you may contact our law firm in Lahore.