Khula ka tarika | Khula law in Pakistan | khula procedure in Pakistan in 2024 | case laws on khula and divorce | Khulla [talaq] hasil karna . Dissolution of marriage

Divorce process (khulla)

 Khulla [talaq] hasil karna . Dissolution of marriage



There is legal procedure for women to get divorce through court called khulla. we will discuss compelete procedure today step by step that you can understand the law and the procedure of dissolution of marriage.

                                                    Documents needed to apply for divorce 


there is need copy of Id card and copy of Nikah nama. if you dont have the both documents or have not nikah nama or id card we can file your case without these documents by filing an affidavit.

 Case laws about Khulla

Khulla ke tehat li gai decree aik talaq hai, ke bghair halale ke rajoo kia ja sakta hai .(PLD 2010 Kar 131)

orat ko khawand ki tarf see diye gai gifts husband wapis nahi le sakta hai ju ke orat ka haq hai.(1991-CLC-1696)    (2005 -CLC -1844)

Khulla ki binyad pr BV ko  haq Mahar see dastbardar hona pare ga 2018 YLR 1251


Khulla ke tehat talaq ke liye oorat ka akela bian hi kafi hai gwah ki zarrorat nahi (2016 MLD 1183 Islamabad)

Zabardasti or dabao se li gai raza mandi shadi ko jaiz nahi banati (2020 CLC-1691) Azad kashmir high court

Nikah nama main likhi gai aisi sharait ghair sharai hain jis main likha gia hu ke husband talaq ya dosri shadi ki soorat main BV ko harjana adaa kare ga (2008 SCMR 186)    ( 2012 CLC 837)


Adam payment haq mahar talaq ke liye kafi wajah hai .(PLJ 2016 Peshawar 84 -D-B)


Khulla ki decree hasil karne ke liye haq mahar ki wapsi lazmi sharat hai. (2005 YLR 1648)


Husband agar haqooq zojiat ada karne se pehle hi talaq de de tu orat aadha haq mahar wapis karne ki paband hu gi  (PLJ 2017 Lahore 370)


BV agar tanseekh nakah (khulla) lena chati hai tu mujal haq mahar wapis karna pare ga or ghair muajal chorna pare ga agar husband khud talaq de tu aisa na hu ga.(2014 MLD 1395)


Talaq ke teen mah baad paida hone wala  bacha jaiz oolad taswr hu ga. (2017 MLD 1228)


Talaq moasar hone ke liye chairman  union council ko notice dena lazmi hai (2002 SD-819)

Khawand talaq ke baad dawa dila pane bridal gifts ki wapsi ke liye kar sakta hai court fee qabal adaigi na hai. dawa family court main hu ga. (2014 CLC-87)


Khulla ki decree ke khalaf appeal laai na karti hai (.PLJ 2016 Peshawar 84 DB)



Talaq ka notice Union council ko bhaijna lazam na hai talaq az khud 90 din ke baad moasar samjhi jai gi.2016 CLC 72 Note 54



Ishtam paper per talaq nama tahreer karna zaroori na hai 2004 CLC 984


Mudaia ke dosri shadi kar lene ke baad yaktarfa decree khulla mansookh na hu gi  PLJ 2017  Peshawar- 1


Beemari  ki wajah se di gai talaq qanoon e warasat main Ghair moasar hai. 1986 CLC 1151


family court azafi shahdat ki ijazat ya schdule gwahan main gwah ka nam shamil karne ki ijazat nahi de sakti.  2020 MLD 554 Peshawar high court


BV  ko agar talaq ka haq dia gia hu tu chairman Union council ko talaq ka notice dena zaroori hai. 2016 YLR 15

khulla ki banyad per talaq le tu nikah nama ke matabaq haq mahar wapis karna zaroori hai.2015 CLC 171


Khulla ki soorat main haqmahar wapis karna hu ga albata gifts wapis na hun ge  2006 PLD karachi 272


Khulla ki soorat main Sirf wo property wapis karna hu gi ju haqmahar main likhi hoi hai agar us ke ilawa koi property bivi ko di hoi hai jiss ka zikar Haqmahar main nahi hai tu wo property Khulla ke badly wapis nahi hu gi. (PLD-2017-Lahore-882)


Nikah nama pesh kia, Nikah nama ko pesh karne ke liye gwahan ki zaroorat na hai .2002 SCMR


Christian divorce act 1869 main Khulla ka taswar na hai lahaza jawab dawa ko thos shahdato (evidence) ke zareea saabat karna zarrori hai us ke bghair christian divorce na hu gi  2020 PLD 160 Lahore high court.


Family court SHO ko kisi bhi bande ka durasat pata maloom karne ka hukam de sakti hai. 2018-CLC-Note-51

Khulla ya dissolution of marriage har shadi shuda orat  le sakti hai jo ke apne husbend se tang hai or khuda or  Us ke rasool ke bataye hoe tareeqe ke mutabaq zindagi nahi guazar sakti
We provide this service . consult us your matter with us 



    this video is about    process            


  • Talaq ya khulla lene ke liye  oorat  ko family court main dawa dair karna hota hai . jo ke  kisi Advocate ke zarye dair kia ja sakta hai
  • yeh dawa chand mah ke duran dicree ho jata hai
  • oor  oorat ke haq main hi decree hota hai agar orat sulah nahi karti
  • Iss ke bad yeh    usi  tareeqe se UNION counsil main chala jata hai jese ke aik aam talaq ka proceedure hota hai  Nadra divorce certificate
  • Or union Council Talq ka certificate 90 din ke baad jari karti hai
  • Question kia oorat har jaga khula ka case file kar sakti hai
  • JEE Han OORAT har jaga jahan per wo chahe case file kar sakti hai
  • Q : oorat ko talaq lene ke liye kitni baar court main bulaya jai ga
  • ans : Humari Lawyers teeam sirf aik baar oorat ko khula ke liye court main bulati hai
  • Q: kia oorat online Khulla ke liye file kar sakti haio
  • ans: YEA agar oorat through whatsapp, mail or email apne documents hamain provide karti hai tu ? Overseas women ya men se hum power of attorney lete hain. Divorce papers
Q: Which are the legal rights of women after divorce or before divorce she can get through

Ans: there are many rights she can avail 



MAZEED KISI BHI PERESHANI KI SOORAT MAIN HUMAIN CALL 03244010279  WhatsApp available

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Order By Lahore High court to Union Council to issue divorce certificate 


Stereo. HCJDA.38.
Judgment Sheet.
IN THE LAHORE HIGH COURT LAHORE
JUDICIAL DEPARTMENT.
Case No. W.P.No.70550/2021
Liaqat Ali
Versus 
Chief Officer, Municipal Committee, Gojra etc
JUDGMENT
Date of hearing
19.10.2022.
Petitioner by
M/S Abid Saqi and Muddassar Farooq, 
Advocates.
Respondent No.3
by
Respondents No.1 
and 2 by
Mr. Akhtar Abbas Rizvi, Advocate.
Rana Zain Tahir, AAG along with Sh. 
Muhammad Javed, Advocate/Legal 
Advisor of Municipal Committee, Gojra, 
Ishtiaque Ahmad Gondal, Chief Officer, 
Municipal Committee, Gojra and 
Muhammad Hafeez ur Rehman, Legal 
Assistant, Municipal Committee, Gojra.
Amicus Curiae
Khawaja Isaam Bin Haris, Advocate.
Abid Aziz Sheikh, J.-
In this constitutional 
petition, the petitioner has challenged the order dated 
30.6.2021 passed by Chief Officer, Municipal 
Committee, Gojra (respondent No.1) whereby it is held 
that Municipal Committee has no jurisdiction in the
instant matter for issuing Divorce Effectiveness 
Certificate (Certificate) and parties were advised to 
W.P.No.70550/2021
2
approach Council of Islamic Ideology (Islamic Council)
for resolution of their dispute.
2.
Relevant facts are that petitioner is a real brother 
of deceased Shafqat Ali who got married with Mst. Sadia 
Jafari (respondent No.3) on 07.10.2010 but due to strain 
relationship, on 13.4.2016, respondent No.3 filed suit for 
dissolution of marriage before learned Judge Family 
Court, Faisalabad which was exparte decreed in her 
favour vide judgment dated 28.5.2016. The said decree 
was received by the erstwhile Union Council, Gojra
(Union Council) on 27.8.2016 and notices were issued to 
the parties for constitution of Arbitration Council for the 
purpose of bringing reconciliation between the parties for 
29.9.2016. The respondent No.3 on 28.9.2016 submitted 
her affidavit (affidavit) to the Union Council to the effect 
that parties have reconciled, however, neither said 
affidavit was signed by Shafqat Ali (husband) nor he 
appeared before the Chairman/Administrator Union 
Council to affirm the reconciliation. Subsequently, the 
Union Council was dissolved and jurisdiction was 
conferred upon Municipal Committee, Gojra (Municipal 
Committee). The matter was again taken up by 
W.P.No.70550/2021
3
Municipal Committee on 09.9.2017 and notices were 
issued to husband and respondent No.3 for 12.10.2017. 
The said notices could not be served upon respondent 
No.3 and husband refused service of notices. The notices 
were repeated on 16.11.2017 which were once again
refused by the husband, however, respondent No.3 
appeared and again recorded her statement unilaterally to 
the effect that parties have reconciled, hence she does 
not want to proceed in the matter and certificate may not 
be issued. Thereafter, no further proceedings were taken 
by the Municipal Committee, however, on 13.6.2021, 
husband (Shafqat Ali) was passed away and petitioner 
approached the respondent No.1 on 22.6.2021 for 
issuance of certificate. The said request was resisted by 
respondent No.3, hence impugned order dated 30.6.2021 
was passed by respondent No.1, which has been assailed 
through this constitutional petition.
3.
Learned counsel for the petitioner submits that 
after decree for dissolution of marriage dated 28.5.2016, 
the same became effective automatically after expiry of
90 days as reconciliation was not effected between the 
parties. He submits that affidavit of respondent No.3 
W.P.No.70550/2021
4
dated 28.9.2016 submitted to Union Council is not only 
unilateral but also a bogus document. He explained that 
after the decree for khula dated 28.5.2016, respondent 
No.3 filed a suit for recovery of maintenance allowance
against husband which was exparte decreed on 
30.6.2017. He submits that husband during his life time 
filed application to set aside the aforesaid exparte 
judgment and decree and asserted that divorce was 
already effected through decree of khula dated 28.5.2016
and affidavit before Union Council is also one sided 
bogus document. He submits that though husband passed 
away on 13.6.2021, before the exparte judgment and 
decree was set aside, however, his stance being already 
available on record, there is no justification with 
respondent No.1 to refuse issuance of certificate and refer 
the matter to Islamic Council.
4.
Learned counsel for respondent No.3 on the other 
hand submits that parties had already reconciled before 
expiry of 90 days from receipt of exparte khula decree 
dated 28.5.2016, therefore, said decree became 
ineffective, hence certificate could not be issued. In 
support of his argument, learned counsel has placed 
W.P.No.70550/2021
5
reliance on Muhammad Afzal Khan vs. Chairman 
Arbitration Council etc (2018 CLC 1125). The learned 
Law Officer and learned counsel for the Municipal 
Committee reiterated the above facts and supported the 
impugned order.
5.
Learned Amicus Curiae referred to various 
relevant provisions of law and case law to assist this 
Court on the proposition in hand. 
6.
I have heard respective contentions of learned 
counsel for the parties and perused the record with their 
able assistance. 
7.
There is no dispute that the exparte decree for 
khula was passed on 28.5.2016 and same was also 
received by the then Union Council on 27.8.2016. It is 
also admitted position between the parties that before 
expiry of 90 days from the receipt of decree, respondent 
No.3 filed affidavit on 28.9.2016 to the effect that parties 
have reconciled. It is also admitted on all hands that said 
affidavit was only signed and thumb marked by 
respondent No.3 whereas husband neither signed the said 
affidavit nor appeared before Union Council or 
Municipal Committee during his life time to support the 
W.P.No.70550/2021
6
affidavit or above stance of respondent No.3. In the
above given facts, the main moot legal issue is “that
whether the decree of khula had already became effective 
or not for the purpose of issuance of certificate”. 
8.
In order to answer and determine the aforesaid
legal proposition, it is necessary to reproduce the relevant 
provisions of section 7 and 8 of Muslim Family Laws
Ordinance, 1961 (Ordinance) and section 21 and 21-B
(Punjab Amendment) of the Family Court Act, 1964 
(Act) as under:-
(Section 7 and 8 of the Ordinance)
S. 7. ‘Talaq’. (1) Any man who wishes to divorce his 
wife shall, as soon as may be after the 
pronouncement of talaq in any form whatsoever, 
give the Chairman notice in writing of his having 
done so, and shall supply a copy thereof to the wife.
(2) Whoever, contravenes the provisions of subsection (1) shall be punishable with simple 
imprisonment for a term which may extend to one 
year, or with fine which may extend to five thousand 
rupees, or with both.
(3) Save as provided in sub-section (5), a talaq, 
unless revoked earlier, expressly or otherwise, shall 
not be effective until the expiration of ninety days 
from the day on which notice under sub-section (1) 
is delivered to the Chairman.
(4) Within thirty days of the receipt of notice under 
sub-section (1), the Chairman shall constitute an 
Arbitration Council for the purpose of bringing 
about a reconciliation between the parties, and the 
Arbitration Council shall take all steps necessary to 
bring about such reconciliation.
W.P.No.70550/2021
7
(5) If the wife be pregnant at the time of talaq is 
pronounced, talaq shall not be effect until the period 
mentioned in sub-section (3) or the pregnancy, 
whichever be later, ends.
(6) Nothing shall debar a wife whose marriage has 
been terminated by talaq effective under this section 
from remarrying the same husband, without an 
intervening marriage with a third person, unless 
such termination is for the third time so effective.
S. 8. Dissolution of marriage otherwise than 
by talaq. Where the right to divorce has been duly 
delegated to the wife and she wishes to exercise that 
right, or where any of the parties to a marriage 
wishes to dissolves the marriage otherwise than 
by talaq, the provisions of section 7 shall, mutatis 
mutandis and so far as applicable, apply.
(Section 21 and 21B of the Act)
S. 21. Provisions of Muslim Family Laws 
Ordinance to be applicable.— Nothing in this Act 
shall be deemed to affect any of the provisions of 
Muslim Family Laws Ordinance, 1961, or the rules 
framed thereunder and the provisions of section 7, 8, 
9 and 10 of the said Ordinance shall be applicable to 
any decree for the dissolution of marriage 
solemnized under the Muslim Law, maintenance or 
dower, by a Family Court. 
(2) When a Family Court passes a decree for the 
dissolution of a marriage solemnized under the 
Muslim Law, the Court shall send by registered post 
within seven days of passing such decree, a certified 
copy of the same to the appropriate Chairman 
referred to in S. 7 of the Muslim Family Laws 
Ordinance 1961, and upon receipt of such copy, the 
Chairman shall proceed as if he had received an 
intimation of talaq, required to be given under the 
said Ordinance. 
(3) Notwithstanding anything to the contrary in any 
other law, decree for dissolution of a marriage 
solemnized under the Muslim Law shall:
(a)
not be effective until the expiration of ninety 
days from the day on which a copy thereof has been
W.P.No.70550/2021
8
(b)
be of no effect if within the period specified in 
clause (a) reconciliation has been effected between 
the parties in accordance with provisions of the 
Muslim Family Laws Ordinance, 1961.
Punjab Amendment.
S. 21-B. Intimation to Arbitration Council.– If a 
Family Court decrees dissolution of a Muslim 
marriage, the Family Court shall immediately but 
not later than three days from the decree send by 
registered post or other means a certified copy of the 
decree to the concerned Chairman of the Arbitration 
Council and upon receipt of the decree, the 
Chairman shall proceed as if he had received 
intimation of Talaq under the Muslim Family Laws 
Ordinance, 1961 (VIII of 1961).
9.
The conjunctive reading of section 7 and 8 of the 
Ordinance shows that before promulgation of the Act, in 
order for a decree of dissolution of marriage to be 
effective, the wife must serve notice of the decree upon 
the Chairman of the Arbitration Council (Chairman) and 
inform the husband. However, in view of section 21(2) of 
the Act, the onus to inform Chairman of such a decree 
was on the Family Court and upon received of a decree, 
the Chairman shall proceed if he had received intimation 
of Talaq under the Act. For the purpose of Province of 
Punjab, this provision was further modified by inserting 
section 21B (The Punjab Amendment in year 2015) 
whereby maximum period was reduced from 7 days to 3 
days for Family Court to send certified copy of the 
W.P.No.70550/2021
9
decree to the Chairman. This leaves no room for doubt 
that as per plain reading of above proviso, period of 90 
days for reconciliation will commence from the date of 
receipt of copy of decree for dissolution of marriage by 
Chairman. However, as per law settled in Mst. Farida 
Parwin vs. Qadeeruddin Ahmad Siddiqi (PLD 1971 
Karachi 118) and Abdul Sattar vs. Zahida Parveen 
(1991 MLD 403) to which, I do agree, a decree for 
dissolution of marriage does not became ineffective 
merely because copy to Chairman was not sent by Court 
within prescribed period and in such situation, its 
effectiveness would be reckoned from the date of due 
service and efflux of the requisite period, as be relevant 
in a particular case. In the instant case, though it is not 
shown that decree was sent by Court within 3 days, 
however, as copy of decree was admittedly received by 
the Union Council on 27.8.2016, therefore, period of 90 
days will commence from 27.8.2016.
10.
Now the next question also arising from same legal
proposition is that whether the decree of khula could
become ineffective or revoked unilaterally by respondent 
No.3 through her affidavit dated 28.9.2016. In this 
W.P.No.70550/2021
10
context, perusal of section 7(3) of the Ordinance
manifests that talaq can be revoked expressly or 
otherwise before expiry of 90 days. However, section 
21(3) of the Act is a nonabstante clause and under clause 
(b) of subsection (3) of section 21 of the Act, there is no 
room of revocation available for the decree of khula and 
only way decree will become ineffective if reconciliation 
has been effected between the parties in accordance with 
the provisions of the Ordinance. The presence of word 
“revoke” in section 7(3) of the Ordinance and its 
conspicuous absence in section 21(3)(b) of the Act, leave 
no manner of doubt that decree of khula will only 
become ineffective if within 90 days, a reconciliation has 
been affected between the spouses on the basis of mutual 
or bilateral arrangement. Unless there is mutuality, it 
cannot be said that reconciliation has been affected 
between the parties and decree has become ineffective 
for the purpose of section 21(3)(b) of the Act. The same 
view was also expressed by this Court in Abdul Sattar 
supra.
11.
The above interpretation and intention of the 
legislation is also for the reason that though right of 
W.P.No.70550/2021
11
divorce by way of khula is equal to the right of talaq 
available to the husband, however, they are 
fundamentally different as in case of khula, divorce is not 
by wife rather the Court acts as a substitute for the 
husband and the decree for dissolution of marriage 
virtually partakes of the character of pronouncement of 
divorce. To dissolve marriage by way of khula although 
husband consent is not needed but the wife has to satisfy 
the Court in order to get the decree for dissolution of 
marriage. Similar view was also expressed in Mst. 
Khurshid Bibi vs. Baboo Muhammad Amin (PLD 1967 
Supreme Court 97), Mst. Manzoor Vs. Allah Wasaya 
(PLD 1973 Baghdad-ul-Jadid 36) and Mst. Huma 
Hafeez vs. Shaukat Javaid etc (1993 CLC 855). The case 
law relied upon by learned counsel for respondent No.3 
does not relates to the divorce through decree of khula, 
therefore, not applicable to the facts and circumstances of 
this case. 
12. When we examine the instant matter in the light of 
above legal position, there is no dispute that husband 
during his life time neither signed the affidavit dated 
28.9.2016 nor ever appeared before the Union Council or 
W.P.No.70550/2021
12
Municipal Committee to endorse the stance of respondent 
No.3 that reconciliation has been affected. He rather later 
filed application for setting aside exparte decree for 
maintenance allowance dated 30.6.2017 and stated that 
divorce was already affected and the affidavit is without 
his consent. In the circumstances, it cannot be said that 
the decree of khula dated 28.5.2016 became ineffective
on the basis of unilateral affidavit or statement of the 
respondent No.3. 
13.
From the above discussion, it has become 
conspicuous that husband has right to revoke the divorce 
whereas wife has no authority to revoke the decree for 
dissolution of marriage unilaterally and revocation can 
only take place through reconciliation with mutual 
consent of the parties. However, as per law settled 
repeatedly by Courts, wife has right to remarry her 
husband again after solemnizing the Nikkah without 
intervening of third person, as pronouncement of khula 
by Court, would amount to a single divorce. This legal 
positon has been held in the following judgments:-. 
(i)
“In SALEEM AHMAD and others v. 
GOVERNMENT OF PAKISTAN through 
Attorney General of Pakistan and 2 others
W.P.No.70550/2021
13
(P L D 2014 Federal Shariat Court 43) the 
Hon’ble Court held that "Khula" and 
"Mubarat" operated as a single, irrevocable 
divorce and even thereafter both the spouses 
could contract fresh marriage with mutual 
consent, of course if they wanted to, without 
any intermediary marriage of the wife with 
another person.
(ii)
In Major QAMAR ZAMAN QADIR v. 
JUDGE FAMILY COURT, JEHLUM and 
others (PLD 2013 Lahore 88) the Hon’ble 
Court held that Pronouncement of Khula' by 
court would amount to single divorce and 
husband would be at liberty to marry the 
wife again after solemnization of nikah 
without intervention of a third person. It is 
held that Section 7(6) of the Muslim Family 
Laws Ordinance, 1961 did not debar wife 
whose marriage had been terminated by 
divorce under S.7 of the said Ordinance 
from remarrying the same husband without 
intervening marriage with a third person.
(iii) In DANISH v. Mst. FOZIA DANISH 
and another (P L D 2013 Sindh 209) the 
Hon’ble Court held that the relevant 
provision of Muslim Family Laws 
Ordinance, 1961 provides approved mode of 
divorce by one 'Talaq' and this mode is 
obligatory for husband to divorce by one 
mode of 'Talaq' other than 'Talaq-e-Ahsan' 
so the couple could remarry without any 
intervening marriage except where the wife 
has been divorced thrice and third divorce 
has become effective and only in that case 
they cannot remarry without 'HALALA
W.P.No.70550/2021
14
(iv)
In ATTIQ AHMED KHAN vs. NOOR-ULSABA and another (2011 C L C 1211) the 
Hon’ble Court held that Pronouncement of 
'Khula' by the court was a 
single divorce, as the defendant husband 
never accepted it voluntarily
and such 
kind of dissolution of marriage was known 
as "Talaq-ul-Ba'ayen" It is also held that 
before re-union in such-like cases "Halala" 
was neither condition precedent nor the 
decree of 'Khula' was a hurdle in the way of 
re-union. The learned Court observed that 
no provision of law precluded the spouses 
from re-union, however, only condition was 
to perform a fresh 'Nikah' and since, reunion of the parties after decree of 'Khula' 
was a result of a fresh contract, the 
judgment and decree had no restraining 
effect upon re-marrying.
(v)
In MUHAMM4D AYUB KHAN v. Mst. 
SHEHLA RASHEED and another (P L D 
2010 Karachi 131) the learned Court held 
that pronouncement of Khula' by the Court 
would amount to a single divorce until the 
third divorce takes place. The petitioner 
would be at liberty to re-marry his wife and 
the parties can rejoin as husband and wife 
on the solemnization of Nikah without 
intervention of third person.
(vi)
In FAZLI-E-SUBHAN v. Mst. SABEREEN 
and 3 others (P L D 2003 Peshawar 169)
held that in case of divorce through Khula' it 
was not obligatory on wife to re-marry a 
third person before re-marrying with her 
first husband and observed that re-marriage 
with same husband, of course, would be 
subject to performance of another Nikah. 
W.P.No.70550/2021
15
Further held that provisions of S.7(6) of 
Muslim Family Laws Ordinance, 1961, 
however, also allowed such re-union without 
'Halala' and no restraint existed, in 
circumstances, either in Muslim Family 
Laws Ordinance, 1961 or in Injunctions of 
Qur'an and Sunnah not to allow prayer of 
husband for re-union with his wife when she 
was ready to live again as wife within limits 
of God.
(vii) In GULZAR HUSSAIN v. Mst. MARIYAM 
NAZ (2000 M L D 447) the learned Court 
held that Pronouncement of Khula' by 
Family Court, in circumstances, would 
amount to single divorce and until third 
divorce would take place, husband would be 
at liberty to remarry his wife again and 
parties could join as husband and wife on 
solmanization of Nikah without intervention 
of third person.
(viii) In Mst. NAWAB BIBI AND 14 OTHERS v. 
Mst. ANWAR BIBI AND 6 OTHERS (P L D 
1970 Lahore 1) this Court settled that if
khula` is performed by a decree of 
dissolution of marriage by the Court the 
question of pronouncing talaq thrice does 
not arise and, therefore, the further question
of there being an intervening husband 
before Second marriage between the 
spouses would similarly not arise.
14.
In aforesaid judgments, Hon’ble Courts repeatedly 
held that pronouncement of khula by the Court is a single 
divorce, as the husband never accepted it voluntarily. 
W.P.No.70550/2021
16
Such kind of dissolution of marriage is known as “Talaqul-Baayen”, and in such like case, intervening marriage 
(Halala) is not a condition precedent for re-union of the 
spouses, however, only condition is to perform fresh 
nikah.
15.
The next question is that once the reconciliation 
proceedings between the spouses have failed whether 
Union Council is bound to issue divorce effectiveness 
certificate. This Court in Muhammad Ishaque vs. Ch. 
Ahsan Ahmad etc (PLD 1975 Lahore 1118) held that 
neither the Chairman of the Union Council nor the 
Arbitration Council can nullify a decree of dissolution of 
marriage, rather their only function is to certify whether 
reconciliation has succeeded or failed. This question was
also discussed in Muhammad Afzal Khan vs. Chairman 
Arbitration Council and another (2018 CLC 1125) and 
Mst. Gul Zameeran etc vs. Mst. Aasia (2017 CLC 1431)
where it is held that purpose of Arbitration Council is to 
hold reconciliation proceedings between the spouses and 
if matter was not reconciled, Chairman Arbitration 
Council had to issue certificate of effectiveness of talaq
after period of 90 days. In view of law settled above,
No.70550/2021
17
once the reconciliation not effected in this case within 90 
days, the divorce became effective and the Union 
Council was required to issue Certificate. 
16.
In the present case, it is also relevant to note that 
decree of khula dated 28.5.2016 was received by Union 
Council on 27.8.2016 and notices were issued for 
29.9.2016 when affidavit was submitted on 28.9.2016. 
However, the matter was not treated as closed by Union 
Council and notices were again issued by Municipal 
Committee on 09.9.2017, much after expiry of 90 days
from the date when the decree of khula was received. It 
is also settled law that issuance of certificate of talaq is a 
technicality which does not find mention in the 
Ordinance and talaq become effective automatically after 
90 days from receipt of notice of talaq by the Union 
Council. Reliance in this regard is placed on Almas 
Mubashar vs. Mubashar Hanif (PLD 2014 Lahore 494).
17.
It is also argued that whether matter could be 
referred to Islamic Council by respondent No.1 under 
Article 230 of the Constitution of Islamic Republic of 
Pakistan, 1973 (Constitution). In this regard, it is noted 
that part IX of the Constitution deals with the 
W.P.No.70550/2021
18
composition, functions and procedure of Islamic Council 
and the role of Islamic Council is of advisory nature in 
terms of Article 230 of the Constitution. The primary 
object of the Islamic Council is to advise the parliament, 
Provincial Assembly, President or Governor to ensure 
conformity of laws with the injunctions of Islam, 
therefore, the instant matter between private individuals 
could not be referred to Islamic Council by respondent 
No.1. 
18.
In view of above discussion, this writ petition is 
allowed and after setting aside the order dated 30.6.2021, 
respondent No.1 is directed to issue Divorce 
Effectiveness Certificate in the matter.
19.
Before parting with this judgment, I must
acknowledge with appreciation the valuable assistance 
rendered by the learned counsel for the parties, especially
amicus curiae Khawaja Isaam Bin Haris, Advocate.
(ABID AZIZ SHEIKH)
JUDGE
Approved for Reporting
JUDGE

Comments

  1. Aoa..sir kindly yeah information leni the ka agr aik larki ka nikah hota or ruksati filhal ni agr vo nikkah ka foran bd khula lena chahti ha tw uska Kia procedure hoga

    ReplyDelete
    Replies
    1. slam sir me ap s rbta krna chahti hu mere mian s me tlak leti hu to baby dena prta h jo me ni chahti or wo mj s jst baby chahty hein na e tlqk dena chahty hein baki detail me apko btana chqhti hu pls send m ur cntct number

      Delete
    2. G mera number 0324-4010279 whatsApp available . hm divore bhi karwa dain ge or baby bhi app ke pass rahe ga inshalla

      Delete
    3. Khula k baad halal compulsory hai kya

      Delete
    4. Nahi Lazmi nahi hai.parhain muslim family ordinance 1961 section 7 or call ,whatsapp 03244010279

      Delete
    5. Aoa sir me apna shohar sa talak lena chahti hu nd talak khulla ek he chez hai na sir me bht preshan hun plz help me tang a gai hun larai jagra galian nd kharcha b nai acha khasay mashallah sa kamata hai hsbnd mera

      Delete
    6. G le dain ge agar aap nahi rehna chahti call or whatsapp 0324-4010279

      Delete
  2. G brother same procedure will be follow for divorce .

    ReplyDelete
  3. sir union coucil ka khula certificate or nadra nadra khula certificate same hei ya different?.......ya union council k baad mei nadra mei apply kerna hota hei?

    ReplyDelete
  4. Bhai khulla siraf court se le jati hai. talaq ka certificate khulla ke baad union council se hasil kia jata hai . nadra main apply ki zaroorat nahi hoti

    ReplyDelete
    Replies
    1. Aoa..
      Khula ka leay required document knxy hoty

      Delete
    2. khulla ke liye just niakah nama required hota hai . or wo bhi optional hai agar app k pass nikah nama na bhi hu tu app bian e halfi de kar case apply kar sakte hain . yeh service hm muhaia karte hain or sirf aik bar larki ko court main bulate hain .or hum ziada baar nahi balwate or more information call 0092-324-4010279

      Delete
    3. Kitna time lagta hai khula Layne k Kiya auraat ki sir g

      Delete
    4. Court se hum ne Aik mah main bhi complete kiye hain cases

      Delete
  5. Kya khula men husband k signature hona lazmi hoty hn??

    ReplyDelete
    Replies
    1. G Sweetcandy Khulla court se li jati hai husband se nahi. court app ka case sun kar aap ko khulla ki decree jari karti hai or agar husband after receving notice court main aa jata hai or apna case defend karta hai tu bhi khulla lena orat ka haq hai or agar wo nahi aata tu phir bhi court khulla ki decree jari kar deti hai or iss decree ke khalaf apeal nahi ki ja sakti

      Delete
  6. Kayla k bad shohar bacho ma koi kharcha deta he ?? Biwi demand Krskti he apni marzi se bacho ka kharcha?

    ReplyDelete
    Replies
    1. bachon ka kharceha husband ke zime hi rehta hai . chahe aap ne khulla li hu ya khawand ne talaq di hu.kharcha dena khawand ki zime hai jiss ke bache hain .or wo khawand ki haseet ke mutabaq milta hai jitna wo kamata hai. mazeed maloomat ke liye call karain 0092-324-4010279 whatsapp

      Delete
  7. Main khula lena chahti hon apne shohar se. Kya procedure hai. Ap meri help kar sktay hain?

    ReplyDelete
  8. Main khula lena chahti hon apne shohar se. Ap meri help kr sktay hain? Kya fee hogi iski. Mera shohar canda rehta hai .3 saal se main idhar hi hon

    ReplyDelete
  9. Khula lenay ki surat mein kya mje unko unka diya howa Gold wapis krna paryga jo k unho ne mjhe shadi p diiya?

    ReplyDelete
    Replies
    1. Gold ka zikar nikah name main hai . kia wo as gift dia tha ya haqmahar?

      Delete
    2. Haq mehar me bs 10k diya hai. Gold ka zikar nahi hai

      Delete
  10. Gold ka zikar nikah nama me nahi hai. Haq mehar 10 k hai bs. Next column ne mujal haq mehar hai bs. Koi shart nahi hai nikah nama me. Tou ye mjhe gold wapis krna paryga ?

    ReplyDelete
    Replies
    1. App se phone par bat hoi thi . asoli tor per ju faide aap ne husband se liye hain agar aap khula leti hain tu aap ko wapis karna hote hain. mazeed maloomat ke liye call karian .00923244010279

      Delete
  11. Bhai mere parosi hen unki beti ka nikah hua hy aj zabardasti usko maar peet k qabool karwaya gya hy agr wo khula lena chahy to kya tareeqa hy abhi rukhsati ni hui

    ReplyDelete
    Replies
    1. salam g bhai le dain ge pata bhi nahi chale ga.or agar aage shadi karna chahte hain tu wo bhi procedure hai
      call us 0324-4010279 whatsapp availabl

      Delete
  12. Agar husband khula deny p razi na ho or begam zid p boly khula do eska tareeka

    ReplyDelete
    Replies
    1. Agar husband nahi dena chahta tu wife court ke through le sakti hai iss ko hi khulla bolte hain

      Delete
  13. Agar husband Dena chahta ho par wife nahi de rahi ho to husband kaise de sakta hai

    ReplyDelete
  14. Mein khula lyna chahti hoon aur bachoon ka kharch bhi.... Case per kitna kharcha aa jaye ga ?

    ReplyDelete
  15. Mera nikkah huay 11 months ho gaye abhi rukhshati nai hui. Mai is rishty se khush nai the lakin phir bhe maa baap ki baat maan k nikkah krlia ab mai wapis america a gai hn aur husband pakistan mai he hai rukhshati bhe nai hui mene bohat koshis ki k dil lge uske sath par nai lgtha mera dil uske sath kya mai is reason se khula lay skti hn? Kya mai gunhagaar tu nai hn he?

    ReplyDelete
  16. Kiya court ma 1 dafa b case attend karna lazmi hai agar na karen chahe online sab kuch kre phir?

    ReplyDelete
    Replies
    1. Us ke liye power of attorny hum ko dena pare ga. Overseas Pakistani kab appear hote hain wo hum ko Power of attorny banwa kar de dete hain

      Delete
  17. AoA sir agar orat khulla k liay court may jay tu husband us ko rukwa skta hy kisi b trha ya orat ko khulla asani sy mil jata hy

    ReplyDelete
  18. Aor orat ko kitny din may khulla mil jata hy koi bachon ka ya koi haq mehar ka b issue nahi hy tu kitny din may asaani sy mil jy ga khulla aor husband koi masla tu ni bna skta iss khulla ko late krwany may

    ReplyDelete
    Replies
    1. G mil jati hai divorce through khulla. magar tareeka kar mukhtalif hota hai. hm ne aik mah ke andar andar khulla k cases complete kiye hain . call us to know more 03244010279 whatsapp

      Delete
  19. Khula ky papers banwany main ktny din lagty?

    ReplyDelete
  20. Aoa G hum ne 25 dino main bhi khull ki decree li hai.

    ReplyDelete
  21. Mere nikah ko 4 months hogy hain lekn rukhsati nae hoi. Or sasural walay again rishta dhond rhy hain husband ka, tou in this case agr me khula lena chahti hu lekn meri family agree nae hai k me khula lu tou kia krna chahye mjy.. plz guide me

    ReplyDelete
    Replies
    1. AnonymousJanuary 19, 2021 at 12:49 AM
      Mere nikah ko 4 months hogy hain lekn rukhsati nae hoi. Or sasural walay again rishta dhond rhy hain husband ka, tou in this case agr me khula lena chahti hu lekn meri family agree nae hai k me khula lu tou kia krna chahye mjy.. plz guide me

      Delete
    2. Khulla lena chahti hain tu call or whatsapp 0324-4010279

      Delete
  22. A.o.a sir hum ny khula ky liye case court mein kia h...shohar talaq nahi detactha tabhi tanseekh e nikah ky liye hm ny court sy help li hy...
    Agr shohar sign na kre to kiya hmri khula nhi hogi...?
    R kitna arsa lag jae ga..
    Mn from dera ismail khan

    ReplyDelete
    Replies
    1. W salam Jab App court chali gai hain tu divorce dena court ka kam hai Muslim cases main tu divorce lazmi mil jati hai agar larki husband ke sath nahi rehna chahti. kitna arsa lage ga iss main chand mah lag sakte hain wese ham ne aik mah main bhi divorce karwai hai. laikin agar aap christian hain tu phir aap ka time ziada lage ga or adultry prove karna hoti hai or christian marriage permanent nature ki hoti hai us main time lagta hai muslim larkion ke liye koi masla nahi

      Delete
  23. Mera pass nikha nama nahi he mere husband k pass he Kia me Bina nikha nama khila le sakti hu aur Mera nikha Karachi court me hua tha Kia nikha nama dobara nikal jahe ga mgr is Time me Karachi nahi hu

    ReplyDelete
    Replies
    1. G khulla mil sakti hai bghair nikah nama ke. or dubara bhi hasal kea ja saktaa hai nikah nama.aap kaha se hain agar karachi nahi call or whatsapp 03244010279

      Delete
  24. Aoa sir Mujhe ye puchna tha k kia court ki decree sheet milny k bad khula ho gae ha ya pir union conceal sy certificate milny k bad hoti ha?

    ReplyDelete
    Replies
    1. court ki decree ke baad union council se certificate lena lazmi hota hai.

      Delete
    2. certificate banwana hai tu banwa dain ge call or whatsapp 0092-324-4010279

      Delete
  25. Fee bta de agr koi women fee afford na kr skti ho to Kya hl h iska mean koi sport hi na ho or aurt khula lena chahti ho hr koi khilaf ho to Kya Kiya jaye

    ReplyDelete
  26. aoa sir ma khula lani chati hun mari shadi ko 6 month howy hain

    ReplyDelete
  27. Sir mujhy pochna hai jo husband ki trf se gold mile hen as a gifts jinka zikr nikkah name me nhi hai talaq k baad waps karna hoga???? Khula nhi talaq.. please reply me ...

    ReplyDelete
    Replies
    1. husband ki tarf se mila gold ko gift kaha jata hai ju ke divorce ke baad wapis nahi hota. koi bhi gift wapis nahi hu ga swai saman jahez ke ju ke husband ko wapis karna hota hai

      Delete
  28. Aka sir mari kazan apny sohar sy khula lana chahti ha pr us ka shohar us ko damki dyta ha k wo aghar khula ly gi to wo us pr jothy mokadmay bana dy ga or mari kazan job bi krti ha us ka husband rasty main us ko noksan bi dy sakta ha is ka kia hal ha

    ReplyDelete
    Replies
    1. Khulla hm me court se leni hai na ke husband se call me 03244010279 or whatsapp sirf aik baar bulain ge larki ko or divorce complete hu jai gi. jhoote muqadme koi nahi ban sakte larki per so feel free.

      Delete
  29. a.o.a bhai mare nikah k 6 sal ho gay hain jis se man razi nhe thi or ab 1 month bad mari rukhsati krna chaty hain magr muje ya kabol nhe hai ab na man agr court jati hu to mera na koi 7 data ha na muje wpis gar man chury gay is masly ka koi hal batain ap q k man akeli hun 1 sid jab k baki sab 1 sid hain

    ReplyDelete
    Replies
    1. AP ki BAAT clear smjh nhi aa rahi 03244010279 call ya Whatsapp

      Delete
  30. Sir asalamulykium ma Waqas baat Karaha ho Rawalpindi say many kuch cheeze discuss karni mere baray bhai ka nikkah howa tha 16 may 2021 ma lakin meri bhabi KO mere family k kuch logo nay misguide kardia mere bhai se susral walo KO unhonay khula ka case file kardia or decree b mil gae abhi mamla union council ma many apse pochna tha kia mera bhai abhi Saudia ma ha or hum personally chate k khulla na ho kia is it possible?bhai abhi saudia ma uc ma jawab nahi karwa to kia union council certificate issue karde GI ? Plz answer me

    ReplyDelete
  31. Hum nay khulla rokni hai or misguide jisnay b kia ha uski zazish KO na kam karna plz koi solution batae

    ReplyDelete
  32. Kia khula k liye adalat main personally jana zaroori hai larki ka?
    If she is overseas can someone work on her behalf?
    Is there any situation where it becomes must for her to come to the court?

    ReplyDelete
    Replies
    1. Aoa no dear we do all process on power of attorney for overseas Pakistani. We will send you power of attorney for signature and verification and will appear on your behalf in court and union council for more information call or Whatsapp 0092-324-4010279

      Delete
  33. Assalam u alikum sir
    , mjhe ye pochna tha k agr shohr peshi pe ata b he lkn khulla k papers pe sign nhi krta to kia ye khulla hojaegi ya nhi?¿

    ReplyDelete
    Replies
    1. Aoa ap ko kis ne kaha ke khulla key paper per husband key signature ki zaroorat hoti ha. Khulla tu hum ne 28 din main decree karwai ha or husband pesh bhi nahi hoa call or Whatsapp for more information 03244010279

      Delete
  34. This comment has been removed by a blog administrator.

    ReplyDelete
  35. Sar apka contact number mil sakta ha khula ka case krna ha

    ReplyDelete

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