Online Khulla

What is meant by Khula

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.

Its headquarters is located in Islamabad, and the four regional offices are located in the four provinces and capital territories of Pakistan.

Online Khula

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:

  • Surrenders her financial rights
  • Surrenders her haq mehr or dower amount (if not paid)
  • Returns the amount of haq mehr (if paid)

Grounds for Khula

A Muslim woman can seek Khula on the following grounds:

  • Abandonment by husband for a minimum of four years
  • Failure to maintain a marriage for a minimum of two years
  • Husband entering in more than one marriage contract through violating the legal procedures
  • Imprisonment of the husband for a minimum of seven years
  • Failure of the husband to perform marriage obligations for a minimum of three years
  • Continuous incompetence of husband from the start of the marriage
  • Severe illness or insanity of the husband for a minimum of two years
  • The cruelty of husband, i.e., physical or mental abuse
  • Inability to do justice/ un-equal treatment between more than one wife
  • If a woman is contracted into marriage before the legal age, i.e., 16 years by a guardian, she has the right to file for Khula before the age of 18. The Khula lawsuit is submitted on a condition that the marriage has not been consummated.
Grounds for Khula

Procedure for Khula

  • The procedure starts when the wife files a lawsuit of Khula
  • The Family Court may issue a decree after hearing the Khula case. It may direct the Chairman Arbitration Council or the Union Council to proceed with the reconciliation of both parties for 30 days.
  • If both parties fail to reconcile within the 90 days, the Khula decree becomes effective.
  • The family Court sent a notification to the Union Council that after the Iddat period of 90 days, the Khula becomes effective.

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.

Recovery of items lawsuit by Husband Online khulla

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