Khula Suit
Muslim marriage is a civil settlement that can be entered into and terminated just like any other contract, but it is also terminated immediately with the passing of either spouse. Additionally, spouses have the legal right to nullify a marriage.
It is also accepted in Islam, therefore both parties have the legal right to void a marriage according to their own faiths. While the wife cannot exercise her right to divorce unless it is expressly stated in her marriage contract or nikahnama, the husband has an unalienable legal right to do so through the pronouncement of Talaq. The wife has the option of filing for a khula suit before the family courts of law to get a judicial divorce if the right to divorce is not granted to her.
Difference Between Divorce & Khula
The term for divorce in Islam is talaq (Arabic: الطلاق) which is spelt in Arabic. According to Islamic sharia, a talaq is used to dissolve a marriage or nikah. A wife can only use the right of talaq if it is granted to her in her Nikkahnama, which is a right granted by the husband. This should be emphasised (Marriage Contract). In contrast, if the wife exercises her right to Talaq, she must give up her right to Haq Meher. If the husband grants Talaq, he must also present Haq Meher to his wife.
The term “khula” (Arabic for “divorce”) refers to a woman’s legal right to do so in Islam, which entails her ending her marriage. Following a divorce, the spouse is in charge of providing for the children’s upkeep and education. Up until Hizanat, which is seven years for boys and puberty for girls, the kids stay with their mom.
Empowering You With Legal Solutions!
Pakistan’s Khula procedure and how to obtain a divorce certificate. By requesting the dissolution of the marriage through the Khula (judicial divorce) process, a wife may exercise her legal right to divorce. The subject of how to get a divorce certificate arises when a husband refuses to grant his wife a divorce, which is known as the right of Khula, a legal and Islamic right guaranteed to Muslim women.
The 1961 Pakistan Family Law stated that if the wife agreed to give up her financial rights, the judicial Khula might be granted without the husband’s knowledge.
To get more information contact us at InteraLegem S&N Law Firm.
