- By: Mughal Barristers
- questions about divorce in pakistan
- Sep 15
- Comment (1)
Understanding Divorce and Khula in Pakistan
Divorce and Khula Pakistan are legal options available when a married couple cannot continue living together peacefully. In Islam and Pakistani law, marriage may end through talaq or khula, depending on who starts the process.
Generally, a husband gives talaq, while a wife approaches the Family Court for khula. However, each case differs. Therefore, courts examine facts, conduct, and circumstances carefully before passing any order.
How We Help in Family Law Matters
At Mughal Barristers, we deal with separation cases in a practical and respectful manner. We understand that family disputes cause stress. Therefore, we focus on clear advice, lawful steps, and timely court action.
Moreover, we guide clients at every stage, from filing to final certification.
Legal Terms Used in Divorce and Khula Cases
Before filing a case, it is helpful to understand common terms:
The person who files the case is called the offended party
The other spouse is known as the litigant
As a result, court documents use these terms repeatedly.
Legal Ways Marriage Ends in Pakistan
In Pakistan, marriage may legally end in several ways:
Talaq – when the husband ends the marriage
Khula – when the wife seeks court dissolution
Mutual consent (Mubarat) – when both agree
Family Courts Act 1964 (Pakistan)
What Does Khula Mean?
Khula allows a wife to request separation through the Family Court. In such cases, the court first attempts reconciliation. However, if settlement fails, the court dissolves the marriage.
Therefore, khula provides a lawful exit where continuation of marriage becomes impossible.
Divorce and Khula for Overseas Pakistanis
First, the wife files a case before the Family Court. Then, the court issues notice to the husband. After that, reconciliation proceedings take place.
If reconciliation does not succeed, the court grants a decree. As a result, the wife must approach the Union Council for formal dissolution.
Common Legal Grounds for Separation
A wife may seek dissolution on grounds such as:
Missing husband for several years
Failure to provide maintenance
Cruel or harsh behavior
Long imprisonment
Mental illness or incapacity
Dissolution of Muslim Marriages Act 1939
Is Marriage Ended Immediately After Court Order?
No. Even after a decree, the legal process continues. Therefore, the wife must obtain a dissolution certificate from the Union Council. Only then does the marriage legally end.
Talaq Process Under Pakistani Law
A husband must follow proper steps:
Pronounce talaq
Send written notice to Union Council
Inform the wife
After 90 days, if reconciliation fails, talaq becomes effective.
Muslim Family Laws Ordinance 1961
Overseas Pakistanis and Family Cases
Overseas Pakistanis may file cases through a Special Power of Attorney. However, online divorce is not permitted. Therefore, proper registration of marriage in Pakistan is essential.
Overseas Pakistani Legal Services
Child Custody After Separation
Child custody matters fall under family laws. Most importantly, courts focus on the welfare of the child rather than the wishes of parents.
Financial Rights After Separation
After separation:
Dowry remains the wife’s property
Unpaid dower can be claimed
Maintenance during iddat applies
As a result, financial protection remains available.
Mutual Consent Separation
Sometimes, both spouses agree to separate. In such cases, Mubarat applies. Once accepted, the marriage ends without further dispute.
Legal Help for Divorce and Khula Matters
We assist clients in:
Family disputes
Court-based separation
Overseas cases
Child custody matters
Property and dower claims
Comment (1)
Best family law firm in Islamabad, Pakistan - Mughal Barristers
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