Right of Khulla is not an unconditional right but this can be granted by court upon satisfying itself that there is such discard, hatred, intense, dislike and incurable aversion on the part of wife that is impossible for the spouses to live together and perform their matrimonial obligations within the limits of prescribed by God.
Khulla is a kind of divorce when wife get from the family court in lieu of forgoing her right of dower . section 8 of Muslim Family Law Ordinance 1961 attract on Khulla and other dissolution of marriage other then talaq under section 7 of Muslim family Law Ordinance 1961.
When wife file the suit for the dissolution of marriage by way of khulla under section 8. Summons are issued to the husband through registered mail, courier service, pasting and as well through publication in the newspaper and court give sufficient time and chance to husband to file his rebuttal and reply. Therefore court fixes the case for pre-trial for reconciliation and compromise. If reconciliation fails then under section 10 court pass the decree for dissolution of marriage fore with and also restore to the husband the haq mahar received by the wife inconsideration of the marriage at the time of marriage.
On the other hand if husband fail to appear then court published the summon in the newspaper and try to bring the husband in the court but if he fail to appear then court have no other alternative except to decree the suit ex-parte by dissolving the marriage by way of khulla.
In the suit of Khulla, there is no need to prove any allegation leveled by the wife against the husband. Only hatred is sufficient for the grant of Khulla. As Islam and law does not allow the hateful union.
Irfan Mir Halepota, Advocate Supreme Court of Pakistan.
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