What is Khulla / Khula?
Khulla / Khula, in its literal meaning, simply means to “untie” the not. If the Nikkahnama doesn’t already state her right to divorce her husband (Which she can mention there) then a woman can file a case to be released from her marriage before the court.
There are many myths and legends behind this law but don’t worry, nowadays it’s a very easy and simple process to obtain a divorce by way of khula in Pakistan. In this article, we will discuss Khulla, and how its obtained.
How long does it take for Khulla / Khula Legal Process
In the case of Khulla / Khula in Pakistan, it’s the wife’s fundamental right to leave a marriage where she does not feel she can live with her spouse. These cases, in recent times, have now become an expedited process and are usually completed within 3 – 6 months after filing a khula application.
Naturally, uncontested cases (Where the husband does not appear in court) are completed far sooner (Via Ex-Parte Decree). Once the Court decree’s a Khulla / Khula, then the Union Council is provided a copy of the Decree, the Union Council would then send notices to both parties for 3 months to reconcile, and if reconciliation doesn’t work, then the Khulla is registered.
What happens when a woman files for Khulla / Khula?
The wife is asked to return a certain amount of her Haq Mehr (Depending on whether she has got it or not) and any benefits she has received. She can also claim any Dower / Dowery given by her to her husband through Court. If children are involved, then usually cases of Guardianship/Custody would follow.
A common myth in Pakistan is that the husband has to “sign” for the khulla to happen. This is completely false and untrue. A khula is a one-way street (like any divorce) and the husband’s consent is not required.
When can a woman file for Khulla / Khula?
There is no limit on when she can ask for Khulla / Khula in the marriage (ie, if she got married yesterday, she could file for Khula / Khulla today) and the process would begin. Our Lawyers also abide by our “24Justice.pk Fixed Fee Policy” which means you do not have to worry about any unknown and hidden extra charges.