The KARACHI LAWYERS ASSOCIATION OF PAKISTAN

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DIVORCE AND KHULLA

Divorce, like the death of a loved one, is one of the most traumatic events in a person’s lifetime. As a Divorce Lawyer, Muhammad Iqbal Khan knows that shoddy or substandard service is simply not acceptable. If you are looking for a Family Law Attorney to help you get fast, focused, and fair results, whether through trial or a mediated settlement, please contact Iqbal law Services Family Law firm.

Husband is free to pronounce divorce to his wife in Islam and wife is also free to pronounce divorce to herself if the delegated powers has been granted to her by the husband as prescribed in the Nikahnama / marriage certificate. There are two main kinds of the Divorce for women:-

1.          Khulla :- It is the simple form of Khulla /divorce that is got by the women from the competent court of Family Judge of the concern jurisdiction in lieu of the dower/maintenance or any other benefit received by the wife form his husband and she have to return back in lieu of the khulla.

2.          Divorce:- It is also obtained from the competent court of law by wife if she don’t want to live with his husband in the prescribed limits of Almighty Allah as husband and wife on any of the flowing grounds under the Muslim Marriages Act, 1939:-

(1)         that the whereabouts of the husband have not been known for a period a four years.

(2)         That the husband has neglected or has failed to provide for her maintenance for a period of two years. OR under subsection II-A, that the husband has taken an additional wife in contravention of the provisos of the Muslim Family Laws Ordinance, 1961

(3)         That the husband has been sentenced to imprisonment for a period of seven years or upward.

(4)         That the husband has failed to perform without reasonable cause his marital obligations for a period of three years.

(5)         That the husband was impotent at the time of marriage and continues to be so.

(6)         That the husband has insane for a period f tow years or is suffering from leprosy or a virulent venereal disease.

(7)         That she, having been given in marriage by her father or other guardian before she attained the age of sixteen years. Repudiated the marriage before attaining the age of eighteen years(provided that the marriage has not been consummated)

(8)         That the husband treats here with cruelty that is to say:

(a)    habitually assault her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b)    associates with women of evil repute or leads an infamous life, or

(c)    attempts to force her to lead an immoral life, or

(d)    disposes of her property or prevents her exercising her legal rights over it, or

(e)    obstructs her in the observance of her religious profession or practice, or

(f)     if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qur’an.

(9)         on any other ground which is recognized as valid for the dissolution of marriage under Muslim Law, provide that

(a)    no decree passed on ground (1)shall not take effect for a period of six months form the dated of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies that curt that he is prepared to perform his conjugal duties the court shall set aside the said decree, and

(b)    before passing a decree on ground (5) the court shall, on application by the husband, make an order requiring the husband to satisfy the court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the court within such period, no decree shall be passed on the said ground. 

Muhammad Iqbal Khan knows how frightening, how dangerous, and how frustrating divorce can be. He is a true advocate of her clients, helping them define realistic goals and then relentlessly pursuing those goals on their behalf.

Divorce is a complex process, redefining the financial and personal relationships within a family. As a Family Law Attorney, Muhammad Iqbal Khan has:

  • the sensitivity to preserve her client’s dignity throughout the course of this emotional process
  • the creativity and determination to craft child custody, visitation, and child support solutions that are truly in the children’s best interests
  • the analytical skills and aggressive litigation experience to protect her client’s financial interests during negotiations regarding spousal maintenance and division of marital property