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It is a form of "Divorce" (طلاق) initiated by the wife, and it requires the wife to return her dowry or other gifts received from her husband as part of the marriage contract.
The process of khula involves filing a case to a family court, and the wife must present valid grounds for seeking divorce on the basis of Khula, such as cruelty, desertion, or other reasons recognized under Islamic law. The court then reviews the case and decides whether to grant the khula, provided the reasons meet the criteria set forth in Islamic law. However, nearly every wife succeeds getting decree of Khula from court now days.
Setp By Step Procedure of Khula in Pakistan
KHULA is a legal process that allows a Muslim wife to take a divorce from her husband through the court of law (family court). The procedure to get Khula in Pakistan is ruled by the Muslim Family Laws Ordinance, 1961. Here is the Khula or Khulla procedure in Pakistan, the entitlement principles, the court procedure, and the documents required.
Khula is granted under the following conditions:-
To get Khula in Pakistan, one must fulfill the following conditions:
· The wife must be a Muslim by religion.
· The wife must be of sound mind with established senses.
· The wife must have valid reasons to get a divorce on the basis of khula, such as desertion, cruelty or not maintaining by the husband.
· The wife must return any property or dower amount that was given to her by the husband at the time of marriage or even after the marriage.
COURT PROCESS:
The Khula process in Pakistan comprises the following steps:
PETITION FILING FOR KHULA: The wife must file a petition of Khula in the family court of the district where she currently resides or where the marriage took place. The petition should include the reasons for Khula and any other relevant details if applicable.
SERVING NOTICE: The court will issue a notice to the husband, informing him about the case and advise him to appear before the court to respond the petition.
HEARING: The court will hold a hearing to consider the Khula petition and the respond of husband. If the honorable court is satisfied the validity of reasons for the dissolution of marriage on the basis of Khula and that the wife has returned any taken property or dower amount, Khula decree will be granted.
PAYMENT OF MAINTENANCE: If husband has failed to provide maintenance to his wife during the matrimonial life, the honorable court may order him to pay maintenance to the wife even after the Khula is decreed.
DOCUMENTS REQUIRED FOR KHULA
Following documents are required to get Khula in Pakistan:
· CNIC copy of both husband and wife(if available)
· Nikahnama (manual).
· Affidavit or evidence of payment of dower amount (مہر) and any other property that was given/transferred to wife at the time of marriage or during the matrimonial life.
· Any relevant documents or evidence, such as medical reports, photographs, videos or witnesses.