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Khula After Child Birth in Pakistan

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Khula After Child Birth in Pakistan

Khula after child birth in Pakistan is the right of every female. If a female does not want to continue her matrimonial relationship, she can file a case of Khula against her husband before the Family Court through a lawyer.

The birth of a child is not a restriction on filing a Khula case before the court. A female can file a Khula case whether she has one child, multiple children, or even if she is pregnant.

Procedure of Khula After Child Birth

The procedure of Khula after child birth in Pakistan is the same as in other Khula cases.

The court procedure in a Khula case does not change if the wife is pregnant or has children from the wedlock. The procedure remains the same:

  1. Hire the services of a lawyer.
  2. The lawyer will file the Khula case on your behalf.
  3. After notices are issued to the husband, the lawyer will prove the case through evidence.
  4. After the stage of arguments, the court will issue the Khula decree.

Child Custody After Khula

Child custody and Khula are two different matters.

Child custody in Pakistan is not affected if the mother has obtained Khula from her husband. The Guardian Courts in Pakistan do not take into consideration the fact that the mother has obtained a Khula decree from the father while deciding child custody matters.

Child Maintenance After Khula

Child maintenance after Khula is the responsibility and liability of the father of the child.

The father cannot claim that he is not required to pay child maintenance merely because the mother has obtained a Khula decree against him. As long as the child is in the custody of the mother, the father remains responsible for paying the maintenance of the child.

Grounds for Khula After Child Birth

The grounds for Khula after child birth available to the mother remain the same as those available to a female who does not have children.

A female can obtain a Khula decree on the following grounds:

  • Apostasy of the husband
  • Physical and mental torture by the husband
  • Bad character of the husband
  • Bad behavior of the husband
  • Non-maintenance
  • Cruelty
  • Other legally recognized grounds

No Ground of Impotency

One of the grounds available to a female for obtaining a Khula decree is impotency.

However, if the wife is pregnant or already has a child or children, she cannot obtain a Khula decree from her husband on the ground of impotency.

Common Mistake

One of the common mistakes made by females in cases of Khula after child birth in Pakistan is the belief that obtaining a Khula decree from the Family Court will affect child custody proceedings.

It is legally advised that the birth of a child or the custody of a child is not affected by a Khula decree obtained by the female from the Family Court.

Moreover, the mother of the child always has a priority right when it comes to the custody of minor children.

Our Services

Advocate Nazia Associates deals with family cases and has been operating this law firm since 2008.

We are experts in Khula cases. We also deal with other family matters, including:

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