The Dissolution of Marriage by the Way of Khula
Marriage is considered one of the most sacred institutions in Pakistan, and Muslims live all across the world. When two people decide to live together, they go for a Nikah. However, there are some situations where the couple might want to avoid living with each other. In such situations, the couple only has the option of separation. They could separate in two ways depending upon who among the couple wants the separation.
If the man has some issues with his wife and does not want to continue his marriage, he would have to divorce his wife and the separation. A man usually does not need any specific reason for divorce as he has been given this right by the law and by religion.
The court, however, will try to resolve the conflicts as far as it can, and if that does not happen, the couple will usually get a divorce. Khula on the other hand is the right of a Muslim woman, the details of which will be discussed in this article.
How to dissolve your marriage legally by way of khula?
If a woman does not want to live with her husband and the husband is not divorcing her, then she can dissolve the marriage by way of khula following these simple steps:
Step1
File a Family suit . Khula
One of the first steps towards the dissolution of marriage by Khula would be to file a petition. This petition should be filed in the family court, and the reason for khula should be mentioned in it. If the woman does not know a lot about court procedures, she must hire a khula lawyer who would file the petition on her behalf and let the court know about the exact grounds on which the woman is demanding a khula. The petition should also include the details about Mehr or any other assets that the woman had received from her husband.
Step2
Attempt for Reconciliation:
The court would initiate this step, and they would arrange the couple’s meeting and would try for reconciliation. If the reconciliation occurs, the khula will be dissolved, and if not, then the procedure will go further.
Step3
Provide the Evidence
The court will then ask both the parties to provide evidence. The woman has to prove the grounds on which she is asking for Khula. She can do this with the help of her lawyer so that he can present her better in court.
Step4
Granting of Khula
After reviewing the evidence, if the court finds out that those pieces of evidence were enough and the grounds of Khula were solid, the court will grant the Khula.
Step5
Return of Mahar if Paid
As the separation is initiated by the woman in the case of Khula, the court will order her to return the Meher as per the rules and situation.
Step6
Settlement of Maintenance and Child Custody:
The last step is the process of settling the amount of maintenance the wife would get in case she has kids. The custody of the kids will also be decided by the court, and the kids will be handed over to their respective guardians as per the rules.
About Khula
Khula is a type of divorce in Pakistan, but it’s different from Talaq because the wife asks for it. In a Khula, the wife can end the marriage by giving something back to her husband, like the money or gifts he gave her when they got married.
The word “Khula” means untying or loosening the marriage, which means the wife is no longer bound to her husband. There are also laws in Pakistan that govern how Khula works, and these laws are found in the Dissolution of Muslim Marriages Act, which was made in 1939.
Ground on which a woman can ask for a Khula:
Unlike divorce, a woman can only ask for Khula if she is facing any situation mentioned below:
Abuse:
If the woman is facing abuse at the hands of her husband, she can file a khula petition. The abuse can be in any form, including physical, mental, or emotional abuse.
Abandonment
Teh second solid reason for a khula would be abandonment by the Husband. If the husband abandons his wife for at least 4 years, the woman has a right to go for Khula.
No maintenance:
Getting maintenance after marriage is the right of every woman. If the husband refuses to pay for the wife’s basic expenses like food and residence, then the woman can file a Khula petition.
Impotency:
Another major reason for the Khula would be the impotency of the husband. If the husband proves to be impotent, the woman will easily get the khula.
Husband’s mental state:
The husband’s mental state also plays an important role in marriage. If the husband is not mentally stable, he won’t be able to take care of his wife and kids. In such cases, the wife has every right to khula if she proves her husband is mentally insane.
Disability:
Although going for khula just on the basis of the husband’s disability is not considered good morally, a woman can ask for separation if her husband has a lifelong disability.
In conclusion, like the husband, the wife also has the right to get separated using the way of khula but on some solid grounds mentioned above.
Can the court dismiss the petition for Khula?
Yes, the court has every right to dismiss the petition for Khula if the court thinks the woman is asking for Khula on the basis of wrong accusations.
What will be the amount of maintenance in the case of Khula?
The amount of maintenance depends upon the income of the husband. If he earns great money, the maintenance would be higher, and those who earn less will pay less.
What if the husband refuses the Khula request from his wife?
The court will review all the evidence, and if the husband is at fault there is no way he can refuse the khula. If he does that, the court will grant the Khula on its own and will also issue him a notice.