Sunday, 2 April 2017

In how much time Khula can be granted?

It is one of the most frequently asked question which needs to be addressed properly. The answer to this question is that there is no certainty for the exact time period of Khula for many reasons. In order to understand the reason, let us divide Khula cases in two types:

1. Contested Cases
2. Uncontested Cases

1. Contested Cases are the ones in which both the parties represent themselves in the court. In such like cases, the case is filed by the wife and summons are served to the husband in due process of law. Now these cases further have two types:-

a. The ones that the husbands try to linger on
b. The ones in which the husbands try to get rid of

If a husband wishes to linger on a case, there are certain ways by which he and his lawyer can delay the process. Such like cases usually run more than 6 months. The speed of such like cases is dependent upon the performance of lawyers of both parties and the judge likewise.

If a husband likes to get rid of the Khula case, he can just appear in the court and give a statement in favor of wife. Such like cases gets decided in matter of weeks.

2. Uncontested cases are the ones in which the husband never turns up in the court by any means. Such cases are proceeded ex-parte. There are usually three notices served on different dates in such cases followed by a newspaper publishing. After that the case turns ex-parte and finally its decided after the ex-parte evidence and final arguments. Such like cases usually run 4-6 months depending upon the speed of judge and lawyer and circumstances of the case.

In Punjab the law has been amended in 2015 because of which such cases run faster and gets decided usually within 2-3 months.

Salman Yousaf Khan (Golra)
International Family Lawyer

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Salman Yousaf Khan
International Lawyer