What is meant by Khula?
The word Khula means ‘untying the knot.’ In Islam, a married woman can dissolve her marriage only if she has been delegated the right of divorce or Talaq-e-Tafweez by her husband in the marriage contract or Nikah Nama under the agreed terms.
If the woman doesn’t have the right of Talaq-e-Tafweez, she can get a divorce by filing for Khula or judicial divorce. The right for Khula is exercised when a woman wants a divorce from her husband, but he refuses to proceed. The right of Khula is given to the woman in Islam as well as in the Law of Pakistan.
To apply for Khula, a wife has to file a lawsuit for Khula in the Family Court under the West Pakistan Family Courts Ordinance.
Surrender of financial rights
According to the Family Law 1961 and Muslim Marriage Act 1939, Khula or judicial divorce can be initiated without the husband’s consent only if the woman:
Grounds for Khula
A Muslim woman can seek Khula on the following grounds:
Procedure for Khula
Duration for Khula Lawsuit
Under normal conditions, the duration of Khula proceedings takes at least two to three months, followed by 90 days of Iddat for the effectiveness of Khula.
Recovery of items lawsuit by Husband
The return of Haq Mehr is a necessary condition for Khula. Other than this, the court may ask a woman to return other gifts from her husband and in-laws. Although, if the woman fails to return such items, it doesn’t hinder the Khula process. The husband can file a lawsuit for the recovery of such things.
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