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Law of Khulla in Pakistan

 

The courts of Law have been settled in all major cities of Pakistan including Karachi, for settlement of all family related issues. In Karachi family Law courts are situated in District Courts Karachi, which are commonly known as City Courts.

Generally majority of people approach Family courts in Karachi for getting Khulla (Divorce). We are well experienced in dealing with Divorce matters which is called Khulla under the Islamic law, when woman approach court for getting divorce.

 

The Khula can be granted to a woman on the one of the following grounds:

  • Desertion by husband for four years,
  • Failure to maintain for two years
  • Husband's failure to perform marital obligations,
  • Husband's continued impotence from the time of the marriage,
  • Husband's insanity ,
  • 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.

 

At the time of filing the suit for Khula usually the wife has to return haq mehr and other benefits received from husband as zar-ikhula. The gifts received from husbandÂ’s family are not to be returned, it is upon the court decides how much is to be returned. In case wifeÂ’s failure to pay zar-i-khula does not render khula ineffective; husband has to file separate suit for recovery of zar-i-khula.

The Family Court will issue decree and send notification to Union Council which proceeds as if it received the notice of Talaq and once the iddat period of over the khula becomes effective.



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