Court Marriage After Khula in Pakistan
You cannot do court marriage after khula in Pakistan because khula is not the finalized divorce. Khula from the Family Court is considered one single divorce. Even if you obtain the khula decree from the Family Court, it is not considered that you are divorced in the country.
The complete legal procedure of khula in Pakistan is as follows:
- Obtain the khula decree from the Family Court.
- Wait for 90 days, which is the iddat period.
- After the expiry of the iddat period, you will be issued the divorce certificate in Pakistan.
- Once this certificate is issued, you can do your next court marriage after khula.
Iddat Period
The iddat period is basically a waiting period for a woman after khula or even after divorce in Pakistan. If a male gives divorce in Pakistan, or even if a female obtains khula from the Family Court, she has to undergo the iddat period of 90 days.
This iddat period is religiously and legally required for:
- Confirmation of pregnancy.
- Reconciliation between the husband and wife.
Marriage after khula is not possible unless the iddat period has expired and the divorce certificate has been issued.
Divorce Certificate After Khula
The divorce certificate after khula is mandatorily required for a female if she wants to do court marriage.
Once she has obtained the khula decree from the Family Court, she has to wait for 90 days, which is her iddat period. After the expiry of the iddat period, she can obtain her NADRA divorce certificate. Only after obtaining the certificate can she do her next marriage.
Marriage After Khula Is Possible
Marriage after khula is possible only when the female is issued the divorce certificate.
Religiously, if there was no consummation of marriage between the husband and wife, or the rukhsati did not take place, then she can get married. However, legally, because the marriage was registered, she has to officially obtain her divorce certificate. Only after the issuance of the certificate will she be considered officially and legally divorced.
Legal Right of a Female
It is the legal right of every female to marry a person of her own choice. If she wants to do court marriage, she has the complete legal right to do so. She does not need permission from anyone to get married.
However, she has to comply with the legal requirements for her next marriage. For the registration of marriage in Pakistan, the law has provided certain guidelines and required documents. She has to follow these guidelines and obtain the required documents.
Legally, a female is required to obtain a divorce certificate. Only then can she do her court marriage after khula in Pakistan.
Where to Do Court Marriage After Khula
A female has the right to do court marriage anywhere in the world. She has the complete right to choose the venue of her marriage.
She can perform the marriage:
- At her home.
- In any mosque.
- At any marriage hall.
If she wants to do court marriage, then she has to hire the services of a lawyer, as court marriage is only done through a lawyer.
Marriage with the Same Husband
A woman has the right to marry the same husband after divorce. Once the female is issued the divorce certificate, she has the legal right, as mentioned in the Muslim Family Laws Ordinance, 1961, to remarry the same husband, even after the divorce certificate has been issued.
Marriage with Someone Else
After divorce, a woman also has the right to marry anyone of her own choice. She cannot only marry her same husband, but she can also marry someone else.
It is the complete legal right of a woman to choose whom she wants to marry. She can also obtain the services of a lawyer to conduct her court marriage in Pakistan after khula.
Even for khula, she has to hire the services of a lawyer to file a case before the Family Court.
Documents Required for Marriage After Khula
The documents required for marriage after khula are as follows:
- Copy of the female’s CNIC.
- Copy of the man’s CNIC.
- Copy of the divorce certificate, if the female has obtained khula and her iddat period has expired.
- In the case of a foreigner, a copy of the passport will be required.
Common Mistakes
Commonly, females think that after obtaining the khula decree from the Family Court, they are divorced and can marry anyone. This is a common mistake that has legal consequences.
Even after the khula decree, she is not considered officially and legally divorced. If she does the next marriage on the basis of the khula decree, it will not be registered.
Even if she gets married only on the basis of the khula decree, it will be a crime in Pakistan, as it will be considered a subsequent marriage while she is still legally married.
Solution to the Common Mistake
The solution to this common mistake is to always consult a lawyer before doing your marriage after khula.
The legal advice is that a female can get married only after she has been issued the divorce certificate in Pakistan.
Our law firm, Nazia Law Associates, deals with family cases. We are experts in the cases of divorce and khula in Pakistan. We can also provide you with the services of court marriage and online marriage in Pakistan.