A wife can dissolve her marriage unilaterally only if the right of divorce has been unconditionally delegated to her by the husband in the marriage contract or the nikahnama. If such right of divorce is not delegated then in such circumstances wife can dissolve her marriage by apply for Khula from the Family Courts of Law, which is also known as dissolution of marriage by way of judicial divorce.
Therefore if the wife is not delegated the right of Divorce in her nikahnama then she would need to apply for Khula. Khula, which literally means ‘untying the knot’, is the dissolution of marriage initiated by the wife and is granted by the court. To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance, on the grounds that she feels she can no long live with her husband “within the limits prescribed by Allah’ and such a statement on oath made in her suit would be sufficient to establish her case for Khula.
Dissolution of Muslim Marriages Act 1939 Judicial khula may also be granted without the husband's consent if the wife is willing to forgo her financial rights.
Grounds for Judicial Divorce
Grounds on which a woman may seek khula include:
- Desertion by husband for four years,
- Failure to maintain for two years
- Husband contracting a polygamous marriage in contravention of established legal procedures,
- Husband's imprisonment for seven years,
- Husband's failure to perform marital obligations for three years, Husband's continued impotence from the time of the marriage.
- Husband's insanity for two years or his serious illness
- Wife's exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated), Husband's cruelty (including physical or other mistreatment, unequal treatment of co-wives),
- Any other ground recognised as valid for the dissolution of marriage under Muslim law
The Family Court will issue decree and send notification to Union Council which proceeds as if it received the notice of Talaq and once the iddat period of over the khula becomes effective.
At the time of filing of Khula suit the wife usually has to return haq mehr and other benefits received from husband as zar-ikhula, gifts received from husband’s family do not have to be returned court decides how much & what is to be returned on the facts of the case wife’s failure to pay zar-i-khula does not render khula ineffective; husband has to file separate suit for recovery of zar-i-khula.
Visit us for Legal Advice and Complete Legal Solutions. Expert and Professional Family lawyers in Karachi-Pakistan at Almeezanlaw.com
Thanks for providing such useful content, good to know about Law Firms in Karachi
ReplyDelete