Difference between Talaq and Khulla

Talaq is the Islamic term for divorce, which is commonly used in all Part of Pakistan including Karachi, Lahore, Islamabad, Hyderabad and Thatta. A talaq is used to end a contract of marriage the nikah, under the terms of Islamic sharia (which is also adopted under the Pakistani Laws). It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Pakistani Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife exercises her right of Talaq then she must relinquish her right to Haq Meher.

It is important to note that Shia and Sunni Muslims have different rules for performing a Talaq. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq, whereas Shi’a scholars view the triple talaq (in one sitting or at one time) as a custom, forbidden by Holy Prophet Muhammad, but reinstated by Umar ibn al-Khattab, and thus  forbidden. Sunni scholars agree to the facts, but deem it halal (“lawful”) anyway.

Khula is the right of a woman in Islam to divorce and it means separation from her husband. After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother till the age of Hizanat which is seven years for son and age of puberty for daughters.

After the age of Hizanat, the children have the right to live with the father or the mother, and their opinion will be considered by the court but will not be taken as conclusive and decisive factor.
A woman seeks a Khula while a man seeks a Talaq. The Iddah period also allows for reconciliation for the husband and wife.

We do not run any fund raising program regularly, but  International and Local Donor agencies are always welcome for starting Human Rights and Woman rights Projects with our collaboration. We are not a N.G.O. (Non Government Organization) but we have dealt many divorce and human rights cases for deserving woman in Karachi, Pakistan without Professional Fees.

A woman can approach court for Khulla at any time after marriage, under the Family Law there is no limitation to file Divorce Case, even she can file a case for khulla on second day of marriage.

Sometimes ladies can not come to office of a Lawyer for discussing her case due to domestic problems, therefore, she can not get proper legal assistance rapidly. We on-line services to them. 

If you can not come our office then you can just email us the details of your case and sent required papers to us by courier services alongwith cross cheque or pay order of our professional fees. We will prepare your case, the draft is sent to client by email, after approval of the client the case is finalized for filing in the Court. Client has to come court for recording of statement before the judge.

Please Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Very soon we are opening our branch office in Gulshan-e-Iqbal, Karachi, if you are any suggestion for location,  we will be thankful for any helpful comments.

Divorce and Khula in Pakistan

When husband and wife cannot live happily together within the limits prescribed by Almighty Allah then they can dissolve their marriage through divorce or khula. The husband can pronounce divorce and wife can file a suit for dissolution of marriage and can also pronounce Talaq, if such right has been conferred upon her. Every divorce or khula case has its own facts, circumstances, drawbacks, challenges and solutions.

We recognize that your case is not just unique, but also critically important to you. At Irfan Mir Halepota & Associates you will find the help, assistance and attention to bring about the change you need according to the Family Laws of Pakistan.

Q: In Pakistan what are the terms used to identify the parties in a divorce proceeding?
A: The party filing the suit is called the “Plaintiff”, while the other party to the divorce proceedings is referred to as the “Defendant”.

Q: What are the ways marriage can be dissolved in Pakistan?
A: Marriage can be dissolved in any of the given ways i.e. divorce by the husband at his will without the intervention of a court commonly called a “Talaq”; by mutual consent of the husband and wife, without intervention of the court; by a judicial decree at the instance of the court and by the wife in exercise of a contractual right of divorce.

Q. What is meant by “Khula”?
A: Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court. A woman seeks a “khula” while man gives a “Talaq”.

We are not a N.G.O. (Non Government Organization) but we have dealt many divorce and human rights cases for deserving woman without Professional Fees.

Sometimes ladies can not come to office of a Lawyer for discussing her case due to domestic problems, therefore, she can not get proper legal assistance rapidly. We on-line services to them. 

If you can not come our office then you can just email us the details of your case and sent required papers to us by courier services alongwith cross cheque or pay order of our professional fees. We will prepare your case, the draft is sent to client by email, after approval of the client the case is finalized for filing in the Court. Client has to come court for recording of statement before the judge.

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Preparation of Divorce papers in Karachi Pakistan

If Husband is seeking to give divorce to his wife or on the other hand if a wife is seeking to exercise her delegated right of divorce in her nikhanama, then Divorce papers are prepared by the Lawyers. If both parties agree to divorce each other then a mutual divorce deed is prepared, whereas it is commonly one sided. We provide legal services in major cities of Pakistan i.e. Karachi, Lahore, Islamabad, Hyderabad and Thatta.

A Divorce Deed is prepared wherein a brief history of marriage and child description is narrated, which is supplemented with terms and conditions of divorce if any. It is also mentioned that the amount of Haq Meher is returned by way of a cheque/ Pay order and the same is tendered along with original Divorce Papers. The Divorce Deed is couriered to the recipient and it is ensured that the same is received.

A Copy of the Divorce Deed along with copy of the cheque and delivery receipt of the courier is submitted before the concerned union council which upon receiving application will issue notices to the parties for reconciliation.  The Applicant can appoint their lawyer to appear on their behalf who will attend hearing for reconciliation. If reconciliation fails then the concerned union council issues divorce certificate.

What we can do online for you?

  • Draft Divorce Deed as per Pakistani Laws.
  • Acknowledgement of Service of Divorce Deed.
  • Application to the Concerned Union Council for registration of Divorce Deed .
  • Representation before the Union Council for Confirmation of Divorce.
  • Obtaining Confirmation of registration of Divorce from the Union Council.

Should our clients opt for negotiation, we shall effectively negotiate on their behalf and aim for alternative dispute resolution avoiding lengthy litigation in court in Karachi, Lahore, Islamabad, Hyderabad and Thatta.

Please note that our Professional Fees is based on the number of hours involved in prepared and contesting your work. However we will give you an estimate of our Professional Fees.

 

Please Contact Us for detailed consultation.

Regular Website:  http://www.irfanlaw.com

Email: info@irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Submit Your Query For a Legal Advice

Mutual Divorce Law Karachi Pakistan

Q. Can husband and wife dissolve their marriage through mutual consent?
A: Yes, they can dissolve their marriage through mutual agreement; the said divorce is called Talaq-e-Mubarat, literal meaning of Mubarat is ‘obtaining release from each other’. The offer for separation in Mubarat may proceed either from the wife or from the husband and as soon as it is accepted dissolution is complete.

Q: Whereabouts of my husband are not known for a long time can I end my marriage?
A: Yes, you can end this marriage under the Dissolution of Muslim Marriage Act 1939 if whereabouts of your husband are not known for a period of four years.

Q: Notice of Talaq sent through Chairman Union Council can it be revoked?
A: Yes, divorce/talaq notice can be revoked before expiry of ninety days from the date on which it was delivered.

Q: How do I protect myself from harassment by my spouse and his or her family members?
A: If you find yourself threatened, assaulted etc. by your spouse you may file a complaint at the police station against your spouse.

Q: I have applied for a divorce, is it safe now to go for new marriage?
A: You should not plan to remarry until the divorce is finalized.

Irfan Mir Halepota & Associates provide services and consultancy on matrimonial and family dispute resolution; divorce agreement preparation; advice on divorce in Pakistan; divorce for overseas Pakistanis; khula for overseas Pakistani’s; court marriage; registration of marriages; polygamous marriages; failure to give talaq notice; division and settlement of matrimonial issues; re-marriage issues.

You can contact Irfan Mir Halepota & Associates for detailed consultancy and advice.

Very soon we are opening our branch office in Gulshan-e-Iqbal, if you are any suggestion for location,  we will be thankful for any helpful comment.

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582