Legal Question in Family Law in Pakistan
HI....i need to know wether it is true that Judicial khula may be granted without husband's consent if wife is willing to forgo her financial rights.? and is it a complicated process?i got married last year in march to my cousin whom i did not like but had to because of the pressure from my family,rukhsati did not take place.After he went back to australia he contacted me through phone and internet. Sometimes he would be drunk when he called.thats when i found out that he drinks and has had and still is in relations with other females. I want khula and finally my family understands that,but he is not willing he said he will not divorce me no matter what.Iv heard it is very hard to get khula here in pakistan please can u help me.
4 Answers from Attorneys
Just file the case for Khula on the ground of hatred. The law is very clear and simple on Khula. If a woman takes the stand and say that she does not want to live with her husband that is the enough reason for Khula. It is not a complicated process however the court will insist that your husband be served in Australia for that you have to sent notices in Austrtalia as well as on his local address and if by mischief he does not come forward then you have a right to have the notices published in daily news papers and upon consideration of facts and related material the court will declare ex parte khula to you. You will have to appear in court twice one when you will file the suit for Khula and second time when you will be asked to appear if he proceedings are declared ex-parte. Even in case if your husband decides to contest the case through attorney even then it is incumbent upon the family court to dissolve the marriage by way of khula after filing of written statement.
Regards
IRFAN HAROON
Agreed.... Khulla is very easy even when its Ex-parte and no right of revision or appeal exists against it. For more do consult me at [email protected]
Regards,
the appropriate remedy for you is to obtain khula, for khula law simply does not require any GROUND..it is suffcient that you do not want to live with that guy and you have sound grounds for this.
for further details you can contact me at
Ambrin Tariq Awan
Advocate High Court
LLM
Member International Bar Association
Already replied in detailed. Just want to add that now a days, the proceedings in a Khula suits are very simple, it can be decided within a Month and in your case you have to relinquish only half Dower (HAQ MEHAR) You have to visit the court only one time and all formality ll be completed by your lawyer.
for more info do consult me at [email protected]
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