Marriages are built upon mutual understanding but compatibility does not work in every case. This is why law and religion have allowed the spouses to part ways rather than stay forcefully in a relationship. Ending up a marriage contract is permissible for men and for women. To empower women, the Muslim Family Law Ordinance has issued a Khula law. So this article will make you all informed about how to file a Khula in Pakistan.
What is a Khula?
Where a man has a right to divorce, a woman has a right to Khula. A Khula is a religious right of a Muslim woman. It is a right of separation from a husband granted to the Woman. In some cases, the woman has a right to file a divorce according to her nikkahnama but some do not. In that scenario, they can file a Khula against her husband to end her marriage legally and religiously. Khula literally means ‘Untying the knot’ which is the dissolution of marriage initiated by a woman and admitted by the court.
How to File a Khula in Pakistan?
To file for Khula, a woman also needs to go through some legal procedures to make her Khula effective. To apply for Khula, a wife has to sign a suit for Khula in the family court under West Pakistan Family Courts Ordinance. A woman can file a Khula anytime if she does not feel like living with her husband. But, there are certain limitations on a woman set by Islam. If these conditions are not fulfilled in a marriage, the woman can use her right to dissolute her marriage. If she has an oath that she could no longer live with her husband, it is sufficient to make her case strong.
Judicial Grounds for Khula
A woman can file for a Khula in the following cases:
- If her husband has left her for four years.
- Huband’s failure to maintain for his wife for two years because marriage is a two-sided contract. This failure is subjected to be a ground for separation.
- Husband’s involvement in polygamy without the permission of a wife.
- if her husband stays imprisoned for seven years.
- Husband’s impotency within the time period of marriage.
- Physical or mental abuse by the husband
- A woman can file for a Khula if she was married by her family before the legal age. She can exercise the option of her puberty if her marriage is not consummated.
- In case of husband’s insanity or serious illness.
- Any other circumstance that stands right on the grounds of Islamic law.
The family court issues a notification to the Union council. It will send the Khula certificate after the Iddat period and Khula will become effective.
In Khula’s case, a wife has to return Haq-Mehr and other belongings were given by her husband. It is known as Zar-i-khula. If a wife fails to return Zar-i-khula, the Khula still remains effective and the husband has to file a suit for recovery of Zar-i-khula. The court also decides the amount that the wife has to return.