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In a divorce by khula, some consideration must be provided by the wife to her husband for her release from the marital bond. This effectively acts as a compensation offered to the husband for her release.
The foundation of the law relating to khula is derived from the Qur’anic verses, which emphasize fairness and mutual rights in marital dissolution. A husband cannot unjustly destroy the wife’s life even in court. She has the right to obtain khula, and any false accusations of immoral character cannot prevent her from exercising this right.
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Bridal gifts given to the wife as dowry (jahaiz) are her exclusive property during or after the marriage. Upon dissolution, the wife can claim deferred dower (Haq Meher) and maintenance during the Iddat period.
In cases where the husband is unwilling to provide the divorce papers himself, the wife can send the documents to him for signature to complete the khula process.
At Ali and Ali Law Associates, recognized as the best law firm in Lahore, our team of divorce lawyers ensures that all aspects of the case are handled meticulously. This includes custody and maintenance of minors, scheduling meetings with children, recovery of dower (Haq Meher), and restoration of dowry items and personal belongings. Every element is interconnected with the disputes between the parties, and we provide comprehensive legal guidance in Pakistan.
In certain cases, khula has been granted to wives under special circumstances. For example, a girl may be entitled to seek dissolution of marriage if she was married before attaining the age of sixteen and repudiated the marriage before turning eighteen, without consummation.
After the written divorce is executed, the husband is required to send a copy to the wife. Under Pakistani family law, the husband must also file an application with the Chairman of the Union Council within seven days from the date of written divorce for the issuance of the Divorce Certificate in Pakistan.
Asalam o Alaikum, if your marriage was arranged without your consent and you have been married for nine months, you can seek khula even if your husband is unwilling to grant a divorce. When the court sends notice to your in-laws, they cannot legally obstruct your khula if you meet the requirements under Pakistani law.
First of all, the words “if you fear” in the legal context imply reference to a judge. This situation arises only when the husband refuses to release his wife despite her request. If the matter is mutually agreed, the husband grants the divorce, and there is no need for judicial intervention.
Regarding the khula timeframe in Pakistan, a wife can seek khula when irreconcilable differences make it impossible to live peacefully with her husband. The court will recognize her irretrievable position and proceed with the khula process.
Additionally, the initiation of reconciliation proceedings may be considered with the consent of both spouses, as per Unmarried Certificate in Pakistan regulations, ensuring all rights and procedures are fully observed under Pakistani law.