In Islam, the right for the spouse to dissolve a marriage contract is recognized, so the right to dissolve a marriage contract is available to both spouses. By way of talaq, the husband has an unalienable right to divorce Law. Similarly, a wife can exercise her right to divorce by filing khula. Divorces must be legalized in order to be effective, regardless of whether the marriage was dissolved through talaq or khula. The dissolution of the marriage certificate must be obtained from the concerned government office. According to Islamic scholars, however, once the divorce has been announced by the husband and a khula has been obtained from a court, it is effective and binding.
Husbands have the unilateral right to talaq if they wish to divorce. The Islamic Family Law’s Ordinance Section 7 specifies that the husband may either pronounce talaq orally or use a legal document. It is the husband’s responsibility to send a divorce notice to Union Council or the appropriate government office by registered mail. By providing his ex-wife’s address, he authorizes the government office to send her notices by registered mail and to form an arbitration council within 30 days of receiving the notice for the purpose of reconciliation and settlement, if possible. With this legislation, women are protected against unrecorded divorces. A woman who had been divorced but remarried without proper documentation may be punished for bigamy and sentenced to seven years in prison. The talaq notice can be served on a wife only by her father, mother, adult brother, or sister with permission from the concerned government office. Following the receipt of the Talaq notice by the government office, the office will issue a certificate confirming the Talaq is valid for the husband and wife after a period of 90 days (known as IDDAT).
In this case, the husband and wife will have to sign a Mutual Divorce Deed and give written notice to the relevant government authority under sections 8 and 9 of the Muslim Family Law Ordinance. Dissolution of the marriage certificate must be issued after the government office has followed the notice issuance procedure.
In order for the wife to dissolve her marriage on her own, she must have been unconditionally granted the divorce right in her marriage contract or nikah nama by her husband. A wife without the right of divorce may dissolve her marriage by applying to the Family Courts of Law for Khula, also known as legal divorce or dissolution of marriage.
The wife can also be granted judicial khula without the consent of her husband if she is willing to surrender her financial rights.
A woman may seek khula for the following reasons:
If the wife files a Khula suit, Haq-Mehr and other benefits must be returned as zar-e-khula.
Right Law Associates has been providing divorce and khula services in Pakistan since 1985. With a focus on financial law, criminal cases, and civil litigation, we provide professional legal advice to our clients. We welcome your questions regarding legal issues in the comment box or by email at firstname.lastname@example.org. We have a team of expert lawyers at your disposal. Call 0331-6644789 to schedule an appointment.