When a husband and wife are unable to live happily together within the boundaries set by Almighty Allah, they might end their marriage through divorce or khula. The husband has the authority to pronounce divorce, and the woman has the authority to bring a suit for dissolution of marriage and to pronounce Talaq, if such authority has been granted upon her. Every divorce or khula case has its own set of facts, circumstances, advantages, disadvantages, obstacles, and solutions.
Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court. A woman seeks “khula” while man gives “Talaq”. As per Dissolution of Muslim Marriages Act, a woman shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds:
- 1. Whereabouts of the husband not known for four years.
- 2. Husband has neglected or failed to provide maintenance.
- 3. Husband has sentenced to imprisonment for a period of seven years or upwards.
- 4. Husband failed to perform marital obligations for a period of three years.
- 5. Husband was impotent at the time of marriage.
- 6. Husband has been insane for two years.
- 7. Wife was married when she was minor.
- 8. Husband treats with cruelty; leads an infamous life; attempts to force her immoral life; venereal disease; Incurable form of leprosy; Disposes of her property; obstructs her in observance of her religious practice
- 9. If wife cannot live with the husband within the limitation imposed by the Almighty Allah.
After obtaining Khula decree from the court; the lady need to file an application before the Chairman Arbitration Council/Union Council of her jurisdiction for obtaining the certificate of dissolution of marriage.
Succession Matters
Legal heirs who are blood relatives have a right to inherit from the property of an ancestor or a relative after their death, according to Sharia. When a person dies, leaving behind movable or immovable property, it is the legal heirs’ right to receive their respective parts of the property as provided by Sharia and the law. If the deceased left money in bank accounts, pension or bonds, shares in the company, recovery of borrowed money, insurance claims, or any other similar investments, the legal heirs of the deceased must obtain a Succession certificate; whereas a letter of administration from a court of law is required to transfer the immovable property.
Succession Certificate
Legal heirs may apply for Succession Certificate after death of a person. Process of succession certificate in Pakistan is followed by a professional lawyer. Certificate establishes ownership of assets regarding movable assets i.e. deposits in the banks, shares, certificates and bonds, stocks, insurance amount etc.
Letter of Administration:
If a person dies intestate and leaves behind immovable property, his or her rightful heirs may submit a Petition for the Grant of Letters of Administration in the appropriate court of law under Section 278 of the Succession Act, 1925. All particulars are stated in the petition of letter of administration, including the time and place of the deceased's death, family and other relatives, their respective residences, the right in which the Petitioner claims, the amount and assets, and two witnesses who verify the deceased's legal heirs.
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In order to preserve a person’s legal rights, our team of lawyers provides assistance in succession matters ranging from filing a complaint to appearing in court to receiving a letter of administration or succession certificate. We also offer services and consultation on matrimonial and family dispute resolution, divorce agreement preparation, divorce in Pakistan, divorce for overseas Pakistanis, khula procedure for overseas Pakistanis, court marriage, restitution of conjugal rights, marriage registration, failure to give talaq notice, division and settlement of matrimonial issues, re-marriage issues, and any other assistance.