Khula can be filed under several valid circumstances, including:
- Husband’s whereabouts unknown for four years;
- Husband neglects or fails to provide maintenance;
- Husband sentenced to imprisonment for seven years or more;
- Husband fails to fulfill marital obligations for three years;
- Husband was impotent at the time of marriage;
- Husband has been insane for two years;
- Wife married as a minor;
- Husband treats her cruelly;
- Husband leads an immoral or infamous lifestyle;
- Attempts to force immoral conduct;
- Venereal disease;
- Incurable type of leprosy;
- Disposes of her residence;
- Obstructs her religious practice;
- Inability to live with the husband due to circumstances determined by Allah.
Overseas Pakistani women living abroad can file for Khula online to obtain a divorce from a family court in Pakistan. It is crucial to follow all legal requirements for the process, as clearly outlined under Muslim Family Laws.
For Khula procedures in Pakistan, the petitioner should have embraced Islam and must file a suit for dissolution of marriage under the relevant sections. Within 30 days of receiving notice, the Union Council sends a copy to the spouse by registered mail and forms an arbitration council. After the Iddat period (90 days from when the Union Council receives the Talaq notice), the council issues a certificate of Talaq to make it effective for both spouses.
My cousin is a dentist and earns enough to support her daughter, but she also wants to fulfill other marital requirements and find a good partner for her daughter. The legal environment can be emotionally threatening, as custody might transfer to her ex if she remarries.
This rule is based on sound reasoning, as it ensures that a wife forced to seek dissolution due to reprehensible acts or omissions of her husband is not denied her dower. Both types of divorce—Khula and Mutual Divorce—often do not require court involvement, making the process fast, cost-effective, and less procedurally complicated. A Mutual Divorce Deed can be signed by both spouses, and a written notice may be submitted to the Union Council under Section 8 of the Muslim Family Law Ordinance. The Union Council follows the same procedure as regular notices of Talaq.
Our team of experienced family lawyers can guide you through every step of your case. With over 36 years of experience, we provide legal support and advice to ensure the process is handled professionally.
Salam Aliqum, can a spouse file a Khula case after three or more months of marriage while the husband is abroad?
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Divorce must be pronounced orally in the presence of two competent witnesses. Written Talaq or divorce is not valid unless the husband cannot pronounce it orally. Witnesses are a requirement for a valid Talaq or divorce under Fiqha Jafria.
Our top divorce lawyer in Lahore provides services for obtaining a divorce certificate. Divorce or Khula is not valid until the final divorce certificate is issued by the authorities of Pakistan.
Additionally, understanding the Court Marriage Law in Pakistan is important for ensuring that your case is filed in the correct jurisdiction. Whether your marriage was registered in Islamabad, your spouse resides in a Cantt area, or your children were registered elsewhere, proper legal procedure must be followed. After the completion of all formalities, securing a Marriage Certificate in Pakistan ensures that your marital and divorce status is legally recognized.