Khula regulation in Pakistan gives a wife the possibility to petition the court for assistance in family matters like khula, dower, dowry, and other related issues. Family courts in Pakistan can provide this support. In Pakistan, you may approach the family courts if you feel that any of your legal rights have been violated.
18 of the Nikahnama do not vest any authority in the wife to exercise the right of Talaq-e-Tafweez, and no power should be considered delegated by the husband to the wife to exercise this right on her own.
If the wife is not delegated the right of divorce in her Nikahnama, then she would need to apply for khula. Khula, which literally means ‘untying the knot,’ is the dissolution of marriage initiated by the wife and granted by the court. To apply for khula, the wife must file a petition in the Family Court under the West Pakistan Family Courts Ordinance, stating that she feels she can no longer live with her husband “within the limits prescribed by Allah.” Such a sworn statement in her petition can be sufficient to establish her case for khula.
In khula cases, custody of children is not automatically addressed. If the husband seeks child custody, he must file a separate case in the guardianship court. However, in most cases, the wife has more legal rights over the children after khula. Custody (hizanat) of children generally favors the mother.
You may be required to execute a Special Power of Attorney nominating someone as your attorney/representative.
A Divorce and Family Lawyer should be engaged by the wife, who will file the application for khula in the family court after evaluating her case.
A: The Guardian and Wards Act governs child custody, and family courts may entertain custody suits according to the Family Courts Act 1964. The standard rule is that the welfare of the minor child is the primary consideration.
Pakistan is a country of diverse cultures and traditions. Its people are generally law-abiding and follow the rules set by their elders.
After the proceedings of an abroad divorce in Pakistan, a divorce certificate will be issued by NADRA through an arbitration council, and this certificate is considered the sole proof of divorce.
If the wife’s whereabouts are unknown and notice cannot be served by her close relatives, the husband can still serve notice through a newspaper approved by the Union Council.
Divorce in Pakistan can be a complex matter and may become more difficult if handled by an incompetent lawyer. The Divorce Procedure in Pakistan requires expertise that our law firm possesses. The legal process of divorce in Pakistan carries significant implications, so it is advisable to handle the divorce through a professional divorce lawyer in Lahore, Pakistan.
There are two types of mahr: prompt and deferred. The prompt mahr must be paid at the time of divorce, while the deferred mahr can be paid either before or after the marriage is consummated.
My cousin obtained khula due to immoral behavior of her husband’s family, including the husband himself. After khula, her husband is filing cases for child custody. My cousin has a daughter from him. As he never recognized the child or paid any maintenance, the situation is complicated.
Our khula process in Pakistan is faster compared to the laws of other countries. For khula requirements in Pakistan, you can consult your lawyer, who will guide you according to your case. There is no fixed duration for khula in Pakistan; it depends on the circumstances. Khula Pakistani Law is generally in favor of the wife, making it easier for her to obtain khula after completing the entire legal process in Pakistan. If you need khula, the first step is to hire a lawyer and manage the associated khula fees in Pakistan. Our law firm also offers online khula services to assist you if needed.