Islamic Way to Separate from Husband Living Abroad

The Islamic way to separate from a husband living abroad is to file a case of Khula in Pakistan before the Family Court through a lawyer.

If a female wants to get divorced from her husband, she has to file a case before the Family Court and establish that legal grounds exist on which the Khula decree should be issued by the Family Court.

The lawyer of the wife has to prove her case before the Family Court. Once it is proved, the Family Court will issue the Khula decree in favor of the wife.

Separation by Mutual Divorce

One of the Islamic ways to separate from a husband living abroad is by mutual divorce.

If both the husband and wife agree to get divorced from each other, there is no need for the wife to file a Khula case in the Family Court. They can process a mutual divorce in Pakistan through their lawyer.

Mutual Divorce Procedure:

Once you hire the services of a lawyer, the lawyer will draft the relevant documents for the mutual divorce between the spouses.
The documents are sent to both parties for their signatures.
Once the signatures of both parties are obtained, the divorce lawyer can also get the divorce certificate issued within a week.

Separation by Way of Khula

An Islamic wife has the right to get separated by way of Khula.

In order to file a Khula case, she has to hire the services of a lawyer who will file a case on her behalf before the Family Court.

Khula Procedure:

The lawyer files the Khula case before the Family Court.
If the case is established before the Family Court, the court will issue the Khula decree in favor of the wife.
Khula is basically a divorce initiated by the wife.
It needs to be established before the Family Court.

How to File Khula Against a Husband Living Abroad

If the female is currently in Pakistan and the husband is living abroad, she only has to file a case before the Family Court through a divorce lawyer in the same way as other cases are filed.

If the husband is living abroad, the nature of the case does not change. The case remains the same.

Important Point:

The only difference is that if the husband is living abroad, notices to the husband are sent through the Pakistani Embassy or Consulate.
The rest of the Khula procedure remains the same.

Where the Case is Filed Against a Husband Living Abroad

If the husband is living abroad, the case is filed before the Family Court through a lawyer who files the case before the court.

Filing Through a Lawyer:

The law does not allow the applicant to file the case herself.
She has to hire the services of a divorce lawyer in Pakistan.
The lawyer files the case on behalf of the wife before the Family Court.
Lawyers are licensed professionals and should be hired to file any case before the court.

Haq Mahr in Case of Divorce

In case the husband divorces the wife, he has to pay the Haq Mahr amount to the wife.

Haq Mahr in Case of Khula

In case the wife applies for Khula against the husband, and the Khula decree is announced by the Family Court, she has to leave all or part of her Haq Mahr in lieu of the Khula decree.

Haq Mahr and Khula:

The wife may have to leave all or part of her Haq Mahr.
The court can also issue a conditional Khula decree on the condition of leaving the Haq Mahr.

Wife Should Have Valid Reason for Separation

As per Islamic Law and Family Law in Pakistan, the wife should have valid reasons for separation.

The law and the religion of Islam do not give an arbitrary right to the wife to divorce the husband or obtain a divorce from the husband.

Requirement of Valid Grounds:

The wife needs valid reasons to obtain a Khula decree.
These reasons need to be established before the Family Court.
The Family Court considers these grounds before issuing a Khula decree.

The Islamic way to separate from a husband living abroad is explained above. However, if you still have any questions, you may contact our expert divorce lawyer, Advocate Nazia.

Our law firm also deals with all kinds of family cases, including: