Khula, Talaq, Divorce

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Procedure of Khula for Overseas PakistaniIf you are a woman and you are sick and tired of your husband maltreatment then...
31/12/2024

Procedure of Khula for Overseas Pakistani

If you are a woman and you are sick and tired of your husband maltreatment then under Pakistan law you have a right to dissolve the marriage on the basis of khula.

In case women reside in a foreign country and she doesn’t want to appear before the court to get khula. Then she has to follow these steps;

She will execute a legal document called special power of attorney. In this document, she will nominate a person who will file a case in the family court on her behalf and appear before the union council.

Pakistan High Commission of her country of stay will attest to this document and sent it to the foreign office situated in Pakistan.

Once the foreign office receives the legal papers, it will counter attest them after the realization of the prescribed fee.

The person appointed in the attorney will only be authorized to appear personally before the foreign office to get the procedure done.

The person nominated will hire a lawyer in the district where the women last resided. A formal family suit will be filed.

The written statement of husband received or not just on the statement of wife the court will announce the decree of dissolution of marriage on the basis of Khula.

Once the court issues the attested copy of the decree of Khula, the nominated person will initiate proceedings before the concerned union council where the marriage took place.

The union council will take 90 days to complete their procedure and will issue a divorce certificate to the overseas wife.

This is the complete divorce and khula procedure for overseas Pakistani.

If you have any questions ask us. If you want to start legal proceedings then contact us. Calls & Whatts app: +92 3002 151013 — +92 312 681 1013

KHULA TALAQ DIVORCEIn Islam, a married woman is permitted to seek a termination of her marriage contract through a S...
31/12/2024

KHULA TALAQ DIVORCE

In Islam, a married woman is permitted to seek a termination of her marriage contract through a Shariah Council / and Muslim judge (Family Court). The reasons, for seeking Khula should be founded upon valid reasons, such as immoral behavior or mistreatment on behalf the husband towards his wife, a woman who feels she dislikes her husband and can no longer give him, his rights etc.

However, this decision should be given serious consideration – a woman is advised to abstain from seeking khula on baseless reasons and to exert necessarily efforts to maintain a harmonious and peaceful relation with her spouse with mutual respect and love.

In the unfortunate case, the marriage reaches a point of irreconcilable differences based on valid reasons, all efforts of reconciliation are exhausted and unsuccessful, then Islam has provided a solution for this case i.e. Khula. For more information contact us.

In Islam, a woman who wishes to terminate her marriage contract without the consent of her husband must do so by applying to the Shariah Council. This type of divorce is commonly referred to what is known as a Khula.

It is important to highlight that in order for a married woman to obtain a Khula, the Shariah Council must be satisfied there is a valid reason for an Islamic divorce to be granted. A valid reason covers matters such as adultery, domestic violence and other aspects of immoral behavior.

Grounds for Judicial Divorce on which a woman may seek khula include:

Desertion by husband for four years,

Failure to maintain for two years,

Husband contracting a polygamous marriage in contravention of established legal procedures,

Husband’s imprisonment for seven years,

Husband’s failure to perform marital obligations for three years,

Husband’s continued impotence from the time of the marriage,

Husband’s insanity for two years or his serious illness,

Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),

Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and any other ground recognized as valid for the dissolution of marriage under Muslim law.

So if you have any question about above matter or you wish to get a solution for your problem in Pakistan, do not hesitate to call Advocate Shoaib at 0092-300 2151 013 — 0312-6811013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib himself.

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