How to File a Khula or Divorce in Karachi: A Complete Guide

“How to File a Khula or Divorce in Karachi: A Complete Guide”

In Pakistan, the legal process for ending a marriage is governed by Islamic and statutory laws. If you are considering Khula (a wife-initiated divorce) or Talaq (a husband-initiated divorce), this guide will help you understand your rights, procedure, and legal steps to take in Karachi.

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Understanding the Difference: Khula vs. Talaq

•Talaq: A husband has the legal right to pronounce divorce either verbally or in writing, then must send written notice to the Union Council.

•Khula: A wife can seek divorce through the Family Court, if the husband refuses to divorce or if there are valid reasons such as cruelty, abandonment, or lack of maintenance.

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How a Woman Can File for Khula in Karachi

Step-by-Step Procedure:

1.Hire a Lawyer

A legal advocate files a Family Suit for Dissolution of Marriage (Khula) before the relevant Family Court.

2.File a Petition

The petition must include:

•Marriage certificate (Nikahnama)

•Grounds for divorce

•CNIC copies and addresses of both parties

3.Court Notice to Husband

The court sends notice to the husband for appearance and response.

4.Reconciliation Attempt

The judge tries to reconcile both parties as required by law (Family Courts Act, 1964).

5.Recording Statement

If reconciliation fails, the wife gives a statement under oath expressing her unwillingness to stay in the marriage.

6.Decree of Khula

The court grants Khula decree, and the woman may be asked to return her Haq Mehr (dower).

7.Send Decree to Union Council

A copy is sent to the Nazim/Chairman of Union Council for formal certificate of divorce after the mandatory 90-day period.

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How a Man Can Give Talaq in Karachi Legal Process for Talaq:

1.Issue Written Talaq Notice

The husband must send a written Talaq notice to the Chairman of the Union Council and also to the wife.

2.Arbitration Council is Formed

The Union Council forms an Arbitration Committee to attempt reconciliation.

3.Issuance of Divorce Certificate

If reconciliation fails, after 90 days the Council issues a Nadra Divorce Certificate, making the divorce effective.

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⚠️ Important Legal Points to Remember

•Unilateral oral divorce is NOT legally recognized until notified through the Union Council.

•Failure to notify the Council can result in imprisonment or fine under Section 7 of the Muslim Family Laws Ordinance, 1961.

•The Iddat period (waiting period) for a woman after divorce is approximately 3 months.

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Documents Required

•CNIC of both spouses

•Nikahnama (Marriage certificate)

•Proof of residence (utility bill or rent agreement)

•2 recent passport-size photos

•Affidavit for Khula or Talaq

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Need Legal Assistance?

Family matters can be emotionally and legally complex. If you need help with Khula, divorce, child custody, or maintenance, feel free to consult with us, we’ve the best team of licensed Family Lawyers in Karachi

For free consultations WhatsApp now at: https://wa.me/923362418786

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