There are many women in Pakistan who want to get out of their marriages but feel confused regarding the process of khula and are not sure from where to start or what documents are necessary and how long the process will take. However, one must know that the khula process is legally recognized for Muslim women in Pakistan and even though the procedure may be tedious, there are certain guidelines for the same.
This article will tell you everything about the process of khula in Pakistan: legal process, documents required, conditions, time taken, custody rights and after khula decree what to do next?
To have a general idea about legal rights of Pakistani women, see.
What Is Khula? Legal Definition in Pakistan
Khula refers to a process through which a Muslim wife seeks the dissolution of her marriage from the Family Court in Pakistan without her husband’s consent. It is her legal right according to Islamic law as well as Pakistani law. The Dissolution of Muslim Marriages Act, 1939 grants the right of khula to wives.
Khula simply means the process of divorce initiated by a wife who wishes to end her marriage due to the fact that she cannot continue with it even if the husband agrees or not.
Khula is defined under Islamic law as a separation by wife generally in return for her haq mehr. Khula is based on the Holy Quran and is acknowledged in all Islamic jurisprudence schools.
Understanding khula better:
✓Khula is the right of the wife initiated by her
✓Involves the intervention of Family Court in Pakistan
✓Wife needs to return haq mehr (dower)
✓Recognized as per Dissolution of Muslim Marriages Act, 1939
✓Consent from the husband is not necessary in order for the court to issue a khula
Whereas talaq is the sole right of the husband, the khula procedure makes it clear that only the wife initiates the process of divorce by going to the court.
What Is the Difference Between Khula and Talaq?
Khula and talaq are two types of divorce in Pakistani law. Talaq is initiated by the husband, while khula is initiated by the wife through Family Court.
In talaq, the wife keeps her haq mehr, but in khula she may return it in some cases. Talaq does not require the wife’s consent, while khula requires court approval.
Talaq is usually faster, while khula takes longer due to legal proceedings.
What are the conditions for Khula in Pakistan? (Conditions of Khula)
The basic conditions of khula in Pakistan include filing the petition with a valid registered nikah, stating your grounds of separation, and in most cases returning the Haq Mehr that you have received at the time of marriage.
1. Valid Nikah (Marriage Certificate)
It is a must that the marriage should be registered. The document that will be required to prove a valid Muslim marriage is nikah nama.
2. Grounds of Khula
The court asks the wife to explain her grounds of separation. Under Section 2 of the Dissolution of Muslim Marriages Act, 1939, the accepted grounds include:
- Location of husband is unknown for four or more years
- Failure by husband to pay maintenance for two or more years
- Husband sentenced to imprisonment for seven or more years
- Husband not fulfilling his duties towards marriage for three or more years
- Husband’s impotency at the time of marriage
- Cruelty committed by husband, either physical or mental (or charging wife with adultery)
- Husband is affected with venereal diseases
In case if none of the above grounds are available, then the wife could seek khula based on general grounds that she finds herself incompatible with the husband or she is unable to live within the constraints of marriage. Courts of Pakistan have gradually widened this ground over a period of time.
3. Payment of Haq Mehr
One important condition of khula is that the wife will be liable to return the haq mehr which she got from the nikah. The amount shall be decided by the court, which could be full, partial, or no amount, according to the nature of the case and liability of the party.
4. Voluntary Petition
The petition has to be filed voluntarily by the wife or through her authorized vakeel. It should not be filed in an involuntary manner because of any coercion.
5. Muslim Marriage
Dissolution of Muslim Marriages Act, 1939 is applicable to Muslim women only. Separate legal options are available for non-Muslim women under Pakistani law.
Frequently Asked Questions
What is khula in Pakistan?
Khula is the legal right of a Muslim wife to dissolve her marriage through Family Court, with or without the husband’s consent.
What law governs khula in Pakistan?
The Dissolution of Muslim Marriages Act, 1939.
Is husband’s consent needed for khula?
Not necessarily. It can also be granted without the husband’s consent.
Do women need to pay back their haq mehr for khula?
Yes, but the court decides how much to pay. The amount could be 100%, a portion, or none at all, depending on the situation.
Difference between khula and talaq?
Talaq is initiated by the husband while khula is initiated by the wife. Haq mehr is safe in talaq while in khula it needs to be paid back.
Can non-Muslim women apply for khula?
No. It is only applicable to Muslim women. For non-Muslim women there are different laws.