How to Marriage Dissolve? Marriage Dissolution by way of Khula gives the wife the right to dissolve the marriage by filing a claim for dissolution of marriage before the family court. Whereas divorce is the right of the husband in which he can obtain immediate or final release from the marriage bond.Thank you for reading this post, don't forget to subscribe!
Marriage Dissolution By way of Talaq And Khulla:
(Arabic word-الطلاق) is an Islamic term for divorce. According to Islamic Sharia, talak uses to end a marriage or Nikah. But Talak is a right of husband. Even wife can use a talak right only if it granted to her through nikkahnam. If the Husband gives Talak, he must also transfer Hak Meher to his wife, whereas if the Wife exercises her right to Talak, then she must give up her right to Hak Meher. Khula (Arabic word- خلع) is the right of a woman in Islam to divorce, which means separation from her husband. After the Marriage Dissolution or divorce, the husband is responsible for the upbringing and maintenance of the wife till Iddat period.
If a husband and wife can not live together happily within the limits prescribed by Almighty Allah. Then they can Divorce by Talaq and Khulla. The husband can give divorce (Talaq) through Divorce Deed. The Divorce Deed prepares by the legal counsel according to law. But If the wife would not like to live with her husband, it is necessary for the wife to file a suit for Marriage Dissolution by way of Khulla before Family Judge. Every case either divorce or Khulla has its own facts, circumstances, obstacles, challenges, and solutions. But, the Company tries to find a Family Disputes Solution always.
Rights of a Husband over his Wife in Islam:
Under Pakistani law, the right to divorce from a husband is granted under article 7 of the 1961 Islamic Family Ordinance. Article 7 provides that if the husband wishes to divorce, he can divorce by declaring his wife a written talaq. Notwithstanding the above, the Honorary Supreme Court of Pakistan recently ruled through several rulings that her husband’s Talaq would not be harmed without three written statements submitted in three different cases. Each written Talaq will be provided to the wife, and a copy of each talaq will be sent to the Chairman’s Arbitration Council.
The chairman of the arbitral tribunal is obliged to send 1 notification per month to each party before the end of 90 days with a view to making peace between husband and wife. In case if the reconciliation is affected and the parties use each other, the divorce is considered revoked and ineffective between the parties.
In cases where reconciliation between the parties could not take place within 90 days, Talaq is considered to have entered into force between the parties, and, therefore, the chairman of the Arbitration Council must issue a divorce certificate upon Marriage Dissolution between husband and wife. We are often informed that even after 90 days, when there was no reconciliation between the parties, the chairman of the Arbitration Board deliberately does not issue a certificate of divorce. To avoid such a delay in the divorce certificate process, we, the best Lahore divorce lawyers available at Hamza and Hamza Law Associates, help expedite the process for our clients.
How to apply for mutual divorce?
According to this method, both husband and wife agree to dissolve their marriage. Both parties’ Marriage Dissolution by filing a divorce and a copy is subsequently sent to the Chairman of the Arbitration Board in accordance with section 8 of the Muslim Family Law Ordinance, 1961. This is not only the most convenient way to dissolve a marriage. but it also saves time due to the mutual settlement of the dispute between the parties out of court.
We are very well known for conveniently drafting agreements between the parties, after paying particular attention to the interests and interests of each party and ensuring proper resolution of the terms through mediation.
How to apply Khula in Family Court?
Another common method for effectively Marriage Dissolution is to use the Family Court to promulgate the Khulla Decision. In such case, the wife must file a lawsuit in the nearest family court in the area where she temporarily resides. It goes without saying here that khulla is an Islamic right available to the wife to separate from her husband if she has developed hatred in her mind towards her husband.
The wife needs to hire a divorce lawyer and provide all the details and documents necessary to prepare the case. The wife will appear in court only once to appear before the court. If the wife does not have a marriage certificate (Nikah Nama), she can still file an Affidavit conCompanying the date of the marriage and the fact that the marriage certificate (Nikah Nama) is in the custody of the husband or any third party. party, as the case may be. to be. After the initiation of the case, the Wife, together with the witness, presents oral and written evidence, if applicable, to the court, after which the court declares Hulu in favor of the wife.
The decision of the family court pronounced by khula is known as the decree of khula. The khula procedure can take a maximum of 3 to 4 months. After receiving the decree of Khula from the family court, the application for the issuance of the Nadra certificate of divorce is submitted to the Union Council, which issued the Nadra certificate of divorce after 90 days.
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