When we talk about divorce in Pakistan, it means two things; 1. divorce given by the husband to the wife; or 2. KHULA sought by the wife against her husband. Both the cases are different as different provisions of laws apply each of the two aforementioned possibilities. If the husband gives divorce to his wife, then he is liable to pay Haq Meher to her. Whereas on the other hand if the wife seeks KHULA from her husband, she must file a suit for Dissolution on Principle of Khula before the Court of Law, which while deciding the case also determines and declare the amount of Haq Meher as entitlement of Wife. Noteworthy that previously law required that KHULA could only be sought on the ground of husband’s insanity, his cruelty, his impotency, imprisonment for seven years or his failing to comply with marital obligations Etc. But several developments in law, by virtue of different Judgments have been introduced by Honorable Supreme Court of Pakistan lately, by virtue of which merely on the basis of hatred and dislike Wife can seek Khula against her Husband from the Court of Law.
Procedure for seeking Khula in Pakistan:
In order to seek Khula, Wife is required by law to file a Suit for Dissolution of Marriage on Principle of Khula the Court of Law having competent jurisdiction. Khula as such is Islamic right available to Wife to seek dissolution of her marriage.
Filing Khula is very simple and easy nowadays. All a Wife needs to do is to hire a competent lawyer and provide him with all details and documents necessary for preparing a case. If Wife do not possess the Marriage Certificate (Nikah Nama), she can still file a Khula with an Affidavit whilst confirming the date of marriage and the fact that Marriage Certificate (Nikah Nama) is in custody of Husband or any third person as the case may be. After the case is filed, Wife along with a witness will submit oral as well as written evidence in court if applicable, after which the Court announces Khula in favor of the Wife. The decision of the family court pronouncing Khula is called the Khula Decree. The khula proceedings may take upto 1-2 months maximum.
Maintenance of Wife and Children:
Notwithstanding the above, law requires husband to maintain and afford the expenses of his Wife and Children. Wife is entitled to maintenance from her husband from the time of marriage/ wedlock till the time she is officially divorced by her husband. Whereas, in case of Children, father is required to maintain them till; in case of Boy to become 18 years old or above, whereas in case of Girl till she finally gets married. In case of failure of father/husband to maintain his wife / children, maintenance claim is filed in the Family Court, which determines the amount of maintenance payable from the date of default and consequently renders final judgment against the husband/father. If the Husband/Father still fails to pay maintenance as determined, the court issue non-bailable warrants after which Husband/Father is arrested. The Husban/ Father cannot wriggle out of his obligation by taking a plea of the Wife/ Mother’s wealth or on the ground that he is unemployed or he has limited income as an excuse for eloping out of his obligation to providing maintenance to his Wife/Children.
We at Hamza and Hamza Law Associates have vast experience in the domain of Family Disputes and handle your case efficaciously and effectively. We understand the sensitivity of the dispute and ensure handing your case with outmost professionalism whilst keeping your information confidential.