Khula is the legal right of a Muslim woman in Pakistan to seek dissolution of marriage through the Family Court when she cannot live with her husband within the limits prescribed by Allah.
The law relating to Khula is primarily governed by Section 8 of the Muslim Family Laws Ordinance, 1961 read with the Dissolution of Muslim Marriages Act, 1939. Any woman can file a suit for Khula in the Family Court of the area where she resides.
Main grounds for Khula include cruelty, desertion for more than two years, failure of husband to maintain, impotency, and irreconcilable differences where the wife feels she cannot continue the marriage.
The procedure is step-by-step:
1. Filing of Plaint: The wife through her counsel files a suit for dissolution of marriage on the basis of Khula in the Family Court.
2. Notice to Husband: The court issues summons to the husband to appear and file written statement.
3. Reconciliation: The court first attempts reconciliation between the parties as required by law.
4. Evidence and Decree: If reconciliation fails, the court records statement of the wife and grants decree for dissolution of marriage on the basis of Khula.
5. Union Council Proceedings: The decree is sent to the concerned Union Council which issues notices for reconciliation for 90 days and thereafter issues the Certificate of Effectiveness of Divorce.
In case of Khula, the wife is generally required to return the benefits received from the husband, such as Haq Mehr, as consideration for Khula. However, the court decides this according to facts of each case.
This article is written by a law student for educational purposes and does not constitute legal advice.
