Introduction:

Khula is a form of divorce / separation which has been introduced by Islam, it is like a Talaq / Divorce / Separation between the spouses but there is only one distinction that is the khula procedure is initiated by the female/wife. Meaning thereby, if any wife don’t want to cohabit with his husband willingly due to multifarious reasons for example:

1. Husband is not paying her  maintenance,
2. Husband is forcing her  to perform illegal acts,
3. Husband is out of country or not keep in touch with his wife  since long time,
4. Husband is womanizer or found of different girls,
5. Husband is usually beats her wife,
6. Husband whereabouts are  not known since long time and there is strong apprehension that husband has been died in war or in any misfortune incident,
7. Wife has developed hatred towards husband due to some reasons.

These are some reasons where wife can approach the court of competent jurisdiction / family court in order to take the decree of khula.

What is the Procedure of  Khula in Court?

In order to take the decree of khula wife has to appoint a attorney / lawyer / counsel of his own choice and to provide him copy of his identification i.e ID Card, copy of Nikah Nama, B-form if both spouse have children, agreement between the spouses (if any).

Process of Filing Khula Suit in the Family Court.

In order to file a khula application attorney / lawyer will prepare a suit stating therein the brief facts of marriage, subsequent relationship and present situation which leads to filing this application. Moreover the attorney / lawyer will also attach the all relevant documents with this application and file this application before the family court. Family court will admit this petition and issue a notice / summon to husband in order to  join the court proceedings and file written statement or written reply.

In addition if husband does not reply or intimated by the court notices / summon then firstly  court will issue notices through courier services and through registered post to his habitual address so that he would be intimated. However, by using all the previous measures, if husband does not join the court proceedings then family court will order to publish this notice of intimation in English or Urdu newspaper.

Reconciliation Proceedings:

During the court  proceedings if husband appears by himself or through attorney the court will give opportunity for filing of  his written reply in order to proceed the matter. After filing the written reply on behalf of husband the family law has provision for reconciliation of both spouses. The family court will announce a specific date and time for reconciliation proceedings before family judge or any other person which family court deems fit. If both spouses in reconciliation process feels comfortable and approaches each other and finish there differences then court will order that reconciliation proceedings are successful and the process of khula decree will be ceased   by reconciliation process. However if reconciliation process is failed due to some reasons or by non joing or non cooperation of  of any one of spouse then court will order to proceed next.

Ex-Parte Proceedings

If husband does not join the court proceedings after publication in newspaper the court has jurisdiction to close his right for joining the proceeding and to issue or render the ex-parte judgment of khula in the favor of wife and such decree is effective just like other decrees of courts. This ex-parte decree is presumed to be a single divorce in legal parlance or legal language.

Whether Ex-Parte Decree of Khula can be challenged

All ex-parte decrees can be challenged if there is apprehension of fraud misrepresentation or ineffective service of summons or court process. In the same token Ex-parte decree of khula can also be challenged. However, if wife don’t want to live with husband due to hatred and recorded her statement that in any case she don’t want to live with her husband then ex-parte decree of khula cannot be challenged usually.

The Role of union council in Khula Decree:

After taking the Khula Decree from Family Court this decree is to be presented before concerned union council where Nikah had been contracted or where Nikah Namma has been registered. After taking the cognizance of proceeding the chairman union council or concerned person will summon both supposes. Thereafter he will announce the date for reconciliation proceedings ,if any, between the supposes. If both supposes are ready to join the reconciliation proceedings and the reconciliation proceedings are successful then the whole process of khula decree and union council proceedings are ceased to exist. However if wife don’t want to join the proceedings through herself or through her attorney then chairman or the concerned person has to give effective certificate after stipulated period.

How Much Time is required after the khula decree to get effective certificate:

Usually the court proceedings qua khula decree, it takes minimum 1 month to maximum 3 months. It is very much important to mention here that after obtaining the khula decree the procedure or the stipulated period is 90 days. However, in complicated cases the union council proceedings may take longer time.

Best legal advice from the best family lawyer in Lahore:

If anybody seeks information regarding any process of khula, khula proceedings, time of khula, the best lawyer of khula in Lahore, lawyer near me or any services don’t hesitate to contact Voice of Justice. Our team of experienced Family lawyers would be pleased to help you in Lahore and other big cities like Islamabad and karachi.