DIVORCE / KHULA CASES

If a husband or wife has planned to not live with each other then they can dissolve their marriage through divorce or khula. For better understanding of the procedure the divorce can be divided in to two categories as follows.

  • Divorce by husband
  • Khula by wife

Divorce by husband :- As per Islam and law husband does not need any reason to divorce the wife but he has to follow the legal procedure to make the divorce effective. One copy of written talaqnama should be send to the wife and one copy should be sent to the chairman Arbitration council. Arbitration council will send notices to both the parties and try to have reconciliation between them. If no reconciliation takes place within ninety days the talaq will be effective however if the reconciliation between husband and wife takes place between 90 days the talaq will deemed to be revoked and ineffective

Khula by wife :- As per Islam and law a wife cannot take divorce without a reason. The reasons available for a wife to take divorce are

  • Husband neglected to maintain wife
  • Husband imprisoned for a period of seven years or upwards
  • Husband failed to perform his marital obligations for three years
  • Impotency of husband
  • Insanity of husband for two years
  • Wife married when minor
  • Cruelty of husband
  • Immoral life of husband
  • Attempts to force her immoral life
  • Venereal disease
  • Incurable form of leprosy
  • Disposes of her property
  • Obstructs wife in religious practice
  • If wife cannot live with the husband within the limitation imposed by the Almighty Allah
In order to get Khula the wife has to file a case in family court. When the suit for dissolution of marriage is filed by the wife the court issues notice to the opposite party and if husband fails to appear after the due process of posting and publication the court can proceed with the case ex-parte and decree the case. In case where the husband or his representative appear he is required to file a written statement following which the court will fix a date for pre-trial proceedings for reconciliation between the parties. If reconciliation between the parties fails, court will pass decree for dissolution of marriage. 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

Note – If the wife is delegated the right of pronouncing divorce in the nikahnama (Talak-e-Tafweez ) then she can pronounce the divorce without a court decree.

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