Female Rights in Khula Case:
Females have many rights, not only in Khula cases but also in many other cases associated with them. The family laws of Pakistan are in favour of females and provide them with various legal rights. A woman’s rights for Khula in Pakistan are safeguarded by family laws. Not only is the right of Khula protected, but many other rights are also available to a female, as mentioned below.
1. Dowry Articles
A female can not only file a Khula case but can also file a case for the recovery of dowry articles.
Anything given to the husband by the wife, her relatives, or her friends at the time of marriage or before the marriage is considered dowry articles. She has the complete right to recover her dowry articles, regardless of whether she has filed a Khula case in Pakistan or not.
2. Child Custody
A woman can not only file a Khula case before the Family Court but can also file a suit for child custody in Pakistan.
The female has the right to seek custody of the child in the event of divorce in Pakistan.
3. Maintenance of Wife
Pakistani law not only protects a woman’s right to Khula in Pakistan but also protects her right to maintenance.
During the subsistence of the marriage, it is the duty of the husband to maintain his wife and children. Even during the Khula proceedings, and until the completion of the period of Iddat, the wife is entitled to receive maintenance from her husband.
4. Maintenance of Children
The wife can not only file a Khula case against her husband but can also file a suit for the maintenance of the children.
It is the legal responsibility of the father to maintain his children, irrespective of whether the wife has filed a Khula case against him or not.
- A male child is to be maintained until the age of 18 years.
- A female child is to be maintained until her marriage.
5. Divorce Certificate
A female can not only obtain Khula against her husband but, after the completion of the period of Iddat, she is also entitled to receive a divorce certificate from Pakistan.
The issuance of a divorce certificate is the right of the female. The divorce certificate should not only be issued to the male but also to the female.
6. Guardianship Certificate
A female can not only file a Khula case against her husband but can also file a case for a guardianship certificate in Pakistan regarding the children.
The filing of a Khula case does not debar a female from filing a guardianship certificate case against her husband.
7. Next Marriage
After obtaining Khula and the issuance of the divorce certificate, a woman has the complete right to marry again.
She has the right not only to remarry her previous husband but also to marry any other person of her own choice.
8. Right of Reconciliation
Pakistani law not only protects a woman’s right to Khula but also protects her right of reconciliation.
If the wife wishes to reconcile, she may do so and may also withdraw her Khula case. No one can force a woman to reconcile with her husband. It is the complete right and prerogative of the female. If she wishes to reconcile, she may reconcile with her husband.
9. Remarriage with the Previous Husband
Pakistani law recognizes a woman’s right to Khula and also allows her to remarry her previous husband if she wishes to do so.
Common Mistakes
It is a common misconception among many women that after obtaining Khula, they do not have many rights. However, they continue to have many legal rights, as mentioned above.
Legal Advice
It is always legally advised to consult an expert family lawyer before initiating any family case so that you may be properly guided according to the law.
Our Services
Our law firm, Nazia Law Associates, is one of the best law firms for family cases and for protecting women’s rights in Khula cases in Pakistan.
We can help you obtain Khula from the Family Court quickly. We also deal with other family matters, including:
- Child Custody in Pakistan
- Court Marriage in Pakistan
- Online Marriage in Pakistan
- Guardianship Certificate Cases
- Maintenance Cases
- Dowry Articles Cases