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How a woman can get khula - Lawyers of Pakistan

Question

How a woman can get khula

In which condition woman can get Khula?

  • 08 Aug, 2018
  • Rabia
  • Family Laws

Recent Answers

4
  • By: Adv Nawaz Khosa on 08 Aug, 2018

    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), and Any other ground recognised as valid for the dissolution of marriage under Muslim law.

  • By: Sardar Farrukh Mushtaq on 09 Aug, 2018

    we hereby confirm your query and from our understanding , you were asking " How a woman can get khula?" Family Courts of Pakistan entertain the suits of dissolution of marriage. This Concept is called Dissolution of marriage by the way of Khula. The law regulate the above said concept is The Dissolution of Muslim Marriages Act, 1939 and for sure this act gives grounds in which a female can get khula or dissolve her marriage. These grounds are following: A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: (i) that the whereabouts of the husband have not been known for a period of four years; (ii) that the husband has neglected or has filed to provide for her maintenance for a period of two years; (ii-A) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961; (iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards; (iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years; (v) that the husband was impotent at the time of the marriage and continues to be so; (vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease; (vii) that she, having been given in marriage by her father or other guardian before she attained the age of sixteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consumated; (viii)that the husband treats her with cruelty, that is to say, (a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or (b) associates with women of evil repute of leads an infamous life, or (c) attempts to force her to lead an immoral life, or (d) disposes of her property or prevents her exercising her legal rights over it, or (e) obstructs her in the observance of her religious profession or practice, or (f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran, (ix) on any other ground which is recognized as valid for the dissolution of marriages under Muslim Law, Procedure to obtain Dissolution of Khula is very Simple comprises on five stages. 1. institution of suit of Khula and summoning of parties. 2. written statement by the Defendant. 3. Evidence by both parties. 4. Arguments 5. Orders of court announcing the dissolution. Above stated procedure is the way to obtain the Decree of Khula. If you have any queries, or should you require any further legal assistance, please do not hesitate to contact us. Striving for an even more congenial relationship with Clients. Regards, Sardar Farrukh Mushtaq Naeem And Co.since 1920

  • By: Haroon khan on 10 Aug, 2018

    Irrespective of the grounds above mentioned by my learned colleagues, a wife can get the decree of khula from family court if she is willing to surrender her dower or part of it in favour of the husband. The above mentioned grounds are necessary in case if the wife is seeking divorce or talaq and is not willing to surrender her dower.

  • By: Tariq Rashid on 24 Aug, 2018

    Just by filing a suit for khula in family court.

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