A: Yes, but for that, her marriage must be registered in Pakistan. She can appoint someone via Special Power of Attorney to represent her on her behalf in the court.
In a khula scenario, if the husband does not appear in court, the police do not make an arrest. However, the khula will still be granted.
After the completion of the hearing of the case, once the decree of khula is obtained, the wife must consult her lawyer to file an application for the issuance of the Divorce Certificate Procedure in Pakistan with the Union Council in the municipality where the Nikah was registered or in the municipality where she was temporarily residing.
When the wife files a petition for dissolution of marriage on the basis of khula, the family court issues notice to the other party, the husband. If the husband fails to appear after proper service or publication in a newspaper, the court can proceed with the case ex-parte and issue a decree.
In addition to any court decree, the wife must ensure that she collects her talaqnama certificate from the Union Council and keeps it in a safe place.
If the husband pronounced a divorce to his wife, or the wife obtained a decree of khula from the court, or even if the marriage is dissolved through lawful separation, reconciliation procedures must be followed before the Chairman Arbitration Council or Reconciliation Committee. Upon completion of this process, the divorce certificate will be issued after 90 days.
The gift for separation in Mubarat may remain either with the wife or the husband, and once accepted, the dissolution is complete.
The uncovered writer states that this reflects the view of Ibn-e-Abbas, Malik-bin-Anas, and nearly all jurists in Pakistan.
The husband had approached the Pakistan Mission in the United Kingdom for reconciliation or enforcement of the divorce deed. He submitted himself under the jurisdiction of the Family Division of the High Court of Justice, London, UK, and claimed that the court assumed jurisdiction. Proceedings related to family matters were to be instituted where the children or wife were ordinarily residing. Both parties were permanent residents of the UK, and the Arbitration Council in Pakistan had no jurisdiction to proceed. Proceedings against the husband were in violation of law and regulations and were based on mala fide actions of public functionaries. The divorce certification was declared null, void, and of no legal effect.
A: If you are threatened or assaulted by your husband, you may file a complaint at your local police station in Pakistan.
A religious judge grants the divorce. The marriage is dissolved once the court grants it, and the husband is obligated to pay the deferred Mehar/Mahr as laid out in the marriage contract.
Divorce must be pronounced orally in the presence of two competent witnesses. Talaq/divorce in writing is not valid unless the husband is incapable of pronouncing it orally. The presence of witnesses is a key condition for a valid talaq or divorce according to Fiqh Jafria.
However, one important issue to consider is the cost. We provide fixed prices with zero hidden fees for all khula and other clients. With us, you can easily manage your finances.
Compared with gifts from the husband’s family, gifts from the wife’s family do not need to be returned. Depending on the facts of the case, the court decides the amount and what must be returned.
For all legal formalities related to marriage, divorce, and registration, our team in Pakistan also provides guidance on Court Marriage Procedure in Pakistan, ensuring that every process is legally compliant and efficiently handled.