Khula for Overseas Pakistani

Khula For Overseas Pakistani Wives or Foreign Nationals

If an overseas Pakistani wife or a foreign national is married to a Pakistani husband and their Nikah is registered in Pakistan, she can also apply for Khula without the need to come to Pakistan physically. The legal system in Pakistan recognizes the challenges faced by such wives living abroad and provides provisions to facilitate their Khula proceedings.

1. Special Power of Attorney: To file a Khula case from abroad, the wife can utilize a “Special Power of Attorney.” This legal document allows her to assign someone she trusts, such as a family member, friend, or lawyer, as her attorney in Pakistan. The appointed attorney will represent her in court proceedings on her behalf.
2. Lawyersinc.pk Services: Alternatively, services like Lawyersinc.pk provide specialized assistance to overseas wives or clients seeking Khula in Pakistan. These platforms can offer legal representation by providing a qualified attorney to handle the case efficiently.
3. E-Court System for Testimony: To avoid the need for the wife to travel to Pakistan for testimony, the court now offers an E-Court system for cases where the person is unable to appear physically in court. This allows the wife to provide her testimony through video conferencing or any other electronic means, making the process more accessible and efficient.

By offering these legal provisions, Pakistan ensures that women living abroad who are bound by a Nikah registered in Pakistan can avail themselves of their rights and seek Khula in a hassle-free manner. The Special Power of Attorney and E-Court system save time, expenses, and the inconvenience of traveling for legal proceedings.

Khula in Islamic Law

Khula is rooted in Islamic law as a form of “faskh,” signifying the dissolution of marriage initiated by the wife.

Khula provides Muslim women the right to seek divorce for legitimate reasons such as incompatibility, abuse, neglect, or irreconcilable differences. Although women can initiate divorce through Khula, there are specific conditions and procedures to follow.

Khula in the Pakistani Legal System

The Dissolution of Muslim Marriages Act, 1939, governs the concept of Khula in Pakistan’s family law. The act establishes a legal framework for the termination of Muslim marriages, outlining the procedure for Khula.

TO OBTAIN A KHULA DECREE IN PAKISTAN, THE FOLLOWING CONDITIONS MUST BE MET:

1. Expression of Will: The wife must express a genuine desire to seek Khula from her husband.
2. Reasonable Grounds: The court requires the wife to provide valid reasons for seeking Khula, such as incompatibility, cruelty, or any other reason recognized by Islamic law.
3. Return of Dowry and Maintenance: The wife may have to forfeit her financial rights, return the dowry (mahr) received from her husband at the time of marriage, and relinquish any claim to future maintenance. The word “may” used here because each case has to be dealt according to its own circumstances and sometime in certain circumstances a wife may not have to relinquish or forgo her Dower or Maintenance either wholly or partially.

FREQUENTLY ASKED QUESTIONS (FAQS) ABOUT KHULA

Q1. Can a woman seek Khula without her husband’s consent?

Yes, a woman can initiate the process of Khula without requiring her husband’s consent. However, the court will carefully examine the reasons presented by the wife and assess the validity of her case.

Q2. What is the difference between Khula and Talaq?

Khula is a form of divorce initiated by the wife, whereas Talaq is a form of divorce initiated by the husband. While Khula requires court involvement, Talaq can be pronounced by the husband without any legal proceedings.

Q3. Is Khula recognized in other Islamic countries?

Yes, Khula is recognized in several Islamic countries, and the procedures and conditions may vary based on the jurisdiction’s family laws.

Q4. How long does the Khula process take?

The duration of the Khula process can vary depending on the complexity of the case and the court’s workload. It may take a few weeks to be finalized.

Q5. What is the procedure after obtaining a Khula decree in Pakistan?

After obtaining a Khula decree in Pakistan, a woman must file her Decree in the Arbitration Council or Union Council in the area where the marriage took place or where the Woman currently resides. The Union Council procedure takes approximately three months to complete. In these 3 months Arbitration Council or Union Council gives a chance to the parties to reconcile. In case of failure of reconciliation these three months are calculated as the Iddah period.

Q6. What is the Iddah period, and what does it entail?

The Iddah period is a mandatory waiting period for a woman after the Khula is granted. It lasts for three months and is designed to ascertain if the woman is pregnant, as the identity of the child’s father must be established before she can remarry.

Q7. Is a woman eligible for maintenance during the Iddah period?

Yes, during the Iddah period, the husband is still responsible for providing maintenance to the wife. This includes financial support to cover her living expenses, ensuring she is not left in a vulnerable position after the divorce.

Q8. What happens after the completion of the Iddah period?

Upon the completion of the Iddah period, the Union Council issues a certificate of effectiveness of divorce, also known as the marriage dissolution certificate. This certificate is originally issued by the National Database and Registration Authority (NADRA). It serves as an official recognition of the divorce and allows the woman to remarry if she chooses to do so.

DOCUMENTS REQUIRED TO FILE A KHULA CASE

To initiate a Khula case in Pakistan, certain documents are required to be submitted along with the application. These documents help establish the validity of the marriage and support the woman’s claim for Khula. The following are the essential documents needed to file a Khula case:

1. CNIC/Passport/B-Form: Both the wife and husband must provide copies of their valid identification documents. These documents help verify their identities and legal status.
2. Nikah Nama (Manual or Computerized): The original or a certified copy of the Nikah Nama (marriage contract) is a crucial document that establishes the existence of the marriage. It contains essential details about the marriage, such as the names of the couple, witnesses, and the date of the marriage.

It’s important to note that if the wife does not have the original Nikah Nama in her possession, she can still proceed with the Khula case. The absence of the original Nikah Nama should not deter her from seeking Khula. The court will take into account other evidence and testimonies to verify the marriage’s authenticity and proceed with the case accordingly.

Khula is a significant aspect of Islamic and Pakistani family law, granting Muslim women the right to seek divorce under specific circumstances. Understanding the legal requirements and procedures is crucial for a fair and just process. After Khula is granted, a three-month Iddah waiting period begins, during which the husband must provide maintenance. This period is essential for obtaining the divorce certificate needed for future remarriage. Recognizing individuals’ rights within Islamic principles and Pakistani law promotes equity in marriage dissolution, empowering women to seek Khula with a supportive Iddah period. The legal process also accommodates overseas Pakistani wives or foreign nationals married to Pakistanis, simplifying the procedure through Special Power of Attorney and E-Court systems. Empowering women with the right to seek Khula, regardless of location, upholds justice and compassion in the Islamic legal system and fosters a society valuing the dignity of all individuals.