Legal Question in Family Law in Pakistan
AoA.
Our family living in Pakistan arranged a nikah of my daughter with a person from Pakistani family in Dec but no Rukhsatee took place. After some time it was learnt that the boy wanted to have love marriage, thus started send SMSs to my daughter, as to think about the relation and even said verbally to her. Being short tempered person started teasing her and started using bad language for us for any fabricated issue. The parents and his elder sister initially kept asking him to behave and kept asking my daughter to forgive saying that he will be told to behave. But after about ten months they also started saying as to think about the relation.
Presently the boy is out of country and will come back next year. Our families still have normal relations and want to solve the matter in a decent way without going or involving court, but their family insists that we should ask for Khula as they don't feel good giving divorce and consider that it will be better for my daughter in future. We also agree to it.
After consulting "Mufti", it revealed that according to rules of Shariah, if my daughter asks for khula through email and he replies to give khula, the khula will take place. But according to Pakistani law we have to fulfill some legal formalities.
Q1. What wordings 'she' should write and in what wording 'he' should reply, which may not create any problem at later stage while handling or getting certificate from union council?
Q2. Will it suffice if he declares khula on a personnel or official letter head with his signatures duly stamped and signature of two witnesses?
Q3. What wordings should he be writing in that letter/certificate?
Q4. Will there be a necessity to go to the court for getting khula even when the boy has sent the email for khula and has also sent the signed copy?
Q5. What all will be required to do for getting certificate from union council?
2 Answers from Attorneys
Dear, The only solution to all your worries is to file suit for dissolution of marriage on the basis of khula and upon which court shall issue a degree which will be conclusive evidence only.
whether the boy dissolves marriage by whatever means it can be only divorce and that must be sent to chairman union council and to wife where upon union council will issue divorce certificate.
khula means the dissolution of marriage on the will of wife only.
whatever the mode of dissolution of marriage there may be, you have to seek decree of the court then it will be accepted and protected legally.
For More Consultation you can call me on 0333-8081297
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