پاکستان میں خلع یا طلاق کا طریقہ کار
Pakistani women have complete right in Pakistan Law to obtain Khulah through court without consent of her husband.
It only takes 3 to 4 months for the whole process and the process is rather very simple.
The Khula procedure in Pakistan is a legal process through which a Muslim woman can seek a divorce from her husband. This process is governed by the Family Courts Act of 1964 and the Muslim Family Laws Ordinance of 1961. Here’s a detailed overview of the steps and requirements involved in obtaining Khula:
Initiating the Khula Process:
The wife files a suit for Khula in the Family Court. It is essential to hire an experienced family lawyer to handle the legal intricacies.
The plaint, which is the formal document to initiate the suit, needs to be drafted. This document outlines the reasons for seeking Khula and includes necessary identification documents and the marriage certificate if available.
Documentation and Filing:
Essential documents include
1. wife’s identification documents
2. Nikah Nama / Marriage certificate.
3. If the wife is represented by a special attorney, a power of attorney document is also required.
4. Husband’s Cnic if available otherwise details on NikahNama are enough
Court Proceedings:
Upon filing the suit, the court issues a notice to the husband, requesting his appearance in court. If the husband fails to respond, the court may proceed ex-parte (without his presence).
If the husband contests, the court might attempt reconciliation between the parties. If reconciliation fails, the court proceeds to hear the case.
Evidence and Hearing:
The court hears the arguments and reviews the evidence presented by both parties. The wife may need to return the marriage settlement or dowry received at the time of marriage (Legal Law Firm).
Grounds for Khula include the husband’s inability to support, abuse, imprisonment, mental illness, and other justifiable reasons under Islamic law.
Decree of Khula:
If the court is satisfied with the grounds for Khula, it issues a decree dissolving the marriage. The wife must observe an iddat period (waiting period) before she can remarry (Law Society Pakistan The Law Firm).
Post-Decree Process:
Certified copies of the court’s decree are obtained, which are necessary for official records and any further legal proceedings.
Divorce Registration Certificate
Step-by-Step Process
- Appear before the arbitration council in person
- Record Checking
- Data Entry
- Proof Reading
- Check out Proof Reading
- Final Print
- Signature by the Chairman Arbitration Council
Documents Required
- Orignal Divroce paper
- Copy of Divorce paper
- Copy of CNIC (Divorcer and Divorcee)
- Copy of CNIC of the Father of Divorcer and Divorcee
Fee Charged is Rs.250/- for DRC.
Also now wife has to apply for marriage dissolution certificate from Local Union council and from salsi council. Salsi Council has offices in all districts, Plz visit one in your district
Khula is a legal right for women in Pakistan, providing them a means to seek divorce under Islamic and Pakistani family laws. For detailed and personalized advice, it is advisable to consult a family law attorney.
