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Family Law

Woman right get divorce by way of khula in Karachi Pakistan

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.

Q. What grounds are available to a wife to get Divorce according to Laws of Pakistan?
A: As per Dissolution of Muslim Marriages Act a woman shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds:

Whereabouts of the husband not known for four years; Husband has neglected or failed to provide maintenance; Husband has sentenced to imprisonment for a period of seven years or upwards; Husband failed to perform marital obligations for a period of three years; Husband was impotent at the time of marriage; Husband has been insane for two years; She was married when she was minor; Husband treats with cruelty; Leads an infamous life; Attempts to force her immoral life; Venereal disease; Incurable form of leprosy; Disposes of her property; Obstructs her in observance of her religious practice; If she cannot live with the husband within the limitation imposed by the Almighty Allah.

Beside above, there are also other grounds available to wife for the dissolution of marriages under Muslim Law.

Q. What is the procedure to obtain “Khula” (dissolution of marriage) in Pakistan?
A: If wife is not delegated the right of divorce in her nikanama (marriage contract form) then she would apply for khula in the court. When the wife files a suit for dissolution of marriage the court issues notice to the opposite party i.e. the husband and if he fails to appear after the due process of posting and publication the court can proceed with the case ex-parte and pass a decree. In case where the husband or his representative appear he is required to file a written statement following which the court has to fix a date for pre-trial proceedings for reconciliation. If reconciliation fails court will pass decree for dissolution of marriage.

Q. After obtaining khula decree from the court is dissolution of marriage is complete?
A: No, after obtaining Khula decree from the court you need to file an application before the Chairman Arbitration Council/Union Council of your jurisdiction for obtaining dissolution of marriage certificate.

 

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


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Family Laws Pakistan

Talaq

Talaq

(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.

(2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

(3) Save as provided in sub-section (5) talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from day on which notice under sub-section (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under Sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.

(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under his section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582