Wife cannot divorce herself from her husband without his consent except under a prior agreement, but she may obtain a divorce by judicial decree in Pakistan.
Clause 18 of the Nikahnama does not vest any power from the husband to exercise the right of Talaq-e-Tafweez, and therefore no authority should be considered delegated by the husband to the wife to exercise the right of Talaq-e-Tafweez on her.
There are strong reasons to consider khula as separation rather than talaq, as the husband’s right to reclaim the wife after khula does not exist, unlike in the case of talaq-i-raja’i, and the duration of ‘Iddat differs in both situations in Pakistan.
Mumtaz & Associates provide services and consultancy on matrimonial and family dispute resolution; divorce settlement preparation; information on divorce in Pakistan; divorce for overseas Pakistanis; khula for abroad Pakistanis; court marriages; registration of marriages; polygamous marriages; failure to give talaq notice; division and settlement of matrimonial matters; and re-marriage issues.
Ali and Ali Law Associates, being the top divorce lawyers in Lahore, can expedite the procedure and resolve matters quickly. In addition, obtaining a Divorce Certificate in Pakistan after the court proceedings ensures that the divorce is legally recognized for all official purposes.
Where the wife has the right to obtain khula, the husband also has the right to contest khula proceedings based on the procedure of khula in Pakistan. The court is bound by law to hear the husband as well in the case of khula, according to the khula process in Pakistan. When he appears in court, the husband must hire an attorney to submit a written reply to the petition and contest the case according to Pakistani law. The family court by law in Pakistan will also attempt reconciliation between the husband and wife, but it cannot force the parties to reconcile as per khula laws in Pakistan.
Khula is considered valid, and upon receiving the wife’s statement in accordance with the grounds of the petition, the court will pass the decree ex-parte if uncontested. If the case is contested by the other party, mediation is conducted before the proceedings reach a conclusion in Pakistan.
At Ali and Ali Law Associates, we are recognized as the top law firm in Lahore. While filing a divorce case in the court, our team ensures that the client’s larger interests are protected in all relevant matters such as custody and maintenance of minors, scheduling meetings with the minors, recovery of dower (Haq Mehr), and restoration of dowry items and personal belongings, as each of these matters is interconnected with the dispute between the parties in Pakistan.
Islamic law does not recognize joint marital property. The agreement between a man and his wife is known as marriage in Islam.
Salam Aliqum, can a spouse file a khula case after three or more months of marriage while the husband is abroad in Pakistan?
In our recent case, both spouses were residing outside Pakistan with dual nationality. It was contended that the wife was not served notice of divorce in the UK through the Pakistan embassy, and the Chairman of the Union Council was not aware to issue a certificate of divorce. The Honorable Lahore High Court held that both spouses held dual nationality and were residing in the UK at the time of execution of the divorce deed. The divorce deed was executed in the UK, and the husband appointed his arbitrator through a Special Power of Attorney sent from abroad. The Secretary Union Council served notice to the wife through her father while she was in the UK. The wife was never served notice at her UK address.
For the khula procedure for abroad Pakistanis, you should hire a lawyer with the Pakistani embassy for the process of khula in Pakistan. Khula under Pakistani law entitles any Pakistani, whether residing in Pakistan or abroad, to obtain khula in Pakistan. In the khula procedure for abroad Pakistanis, a non-Pakistani may also obtain khula provided that the marriage is registered in Pakistan.
The third common method of legally dissolving the marriage is by filing a suit in the Family Court for the issuance of a Decree of Khula. In such cases, the wife is required to file a suit in the nearest Family Court in the district where she temporarily resides. Obtaining an Unmarried Certificate in Pakistan after the khula is important to legally confirm her marital status.
Unlike gifts from the husband’s family, items from the wife’s household do not need to be returned. Based on the facts of the case, the court determines the amount and what is to be returned.