Monday, 2 September 2019

Talaq-e-Mubarat after Khula

Talak or Divorce is the exclusive right of Husband unless its delegated to wife. Similarly wife can take Khula from family court if husband refuses to divorce her. Khula is obtained by filing suit for dissolution of marriage on the grounds of Khula in the Family Court.

Once a Suit for dissolution of marriage on the grounds of Khula is decreed, the iddat period of the wife starts which is 90 days according to the law. Most of the judges while passing decree write in the decision that a copy of the judgment is sent to the Arbitration Council, which never happens.

Practically a wife has to file another case in the Arbitration Council for obtaining divorce certificate after getting decree for dissolution of marriage on the grounds of Khula from Family Court. This case runs for 90 days according to the procedure laid down in Section 7. There are three hearings for reconciliation between parties in such case.

On failure of reconciliation, the wife gets divorce certificate from concerned Arbitration/Union Council. Talak-e-Mubarat is possible after Khula but however, if divorce certificate is obtained from Arbitration Council by either of the parties, then a case for Talak-e-Mubarak becomes infructuous in such like situation.

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880 

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Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880