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.