KARACHI There has been a drastic rise in cases of Khula, or dissolution of marriage, reveal statistics gathered by Dawn.

Khula is a religious term for divorce at the instance of a woman. As per the data obtained from the four districts of Karachi (West, East, South and Central; no data was available from Malir district as the records there had been destroyed in an arson attack), as many as 2,085 Khula cases were filed during 2007.

The record showed that around 861 Khula cases were pending on January 1, 2007, while as many as 1,677 cases were pending on January 1, 2008.

Seeking separation, or Khula, by a woman used to be quite a demanding task. Earlier, a woman had to file a civil petition, and then there would be a pre-trial followed by provision of evidence as well as statements by her family and witnesses at the time of the wedding, along with a statement by the woman herself and her husband. This procedure would at times drag on for years. However, according to the new system, a woman may file a case for Khula, and the court is bound to decide within six moths of her filing the case.

Interestingly, lawyer Javed Iqbal Barki was dismissive of the rising trend in Khula cases and claimed that 80 per cent of the cases had been filed by women who married out of love and once the delusion of love faded away, they came face to face with the reality of the situation.

“It`s mostly young women who seek Khula. The majority of them have married against the will of their families. It is when the fever of love subsides that they become aware of the practicalities of life, such as a jobless husband or a husband who has been married previously and has children from the first wife,” he said.

Lawyer Riffat Mughal disagreed with Mr Barki`s view and claimed that it was women in distress who sought Khula.

“In this society, a large number of men prefer to just give a verbal Talaq (divorce) and it is afterwards that the woman has to go to court and file a case for Khula. Previously, a woman had to file separate cases for Khula, dower amount, child custody and maintenance. However, now, after an amendment in 2002, it can be done in one go,” she explained.

The reasons cited for the drastic increase in such cases may vary. Ms Mughal said that before the amendment to the Muslim Family Law 1961, the procedure used to drag for five to six years whereas now it was decided in favour of the woman within months. “Owing to the fact that a woman is entitled to a Khula, fewer men prefer to appear in court and fewer still wish to fill the pockets of lawyers on such a futile venture,” she added.

Hassle-free Khula

“The hassle has been reduced to a point where a woman only has to produce a written statement saying that she does not wish to stay with the man she is married to, along with the requisite documents. After having a free trial, the court decides within two to three months on the matter and grants a Khula,” said Noor Naz Agha of the Pakistan Women Lawyers` Association.

“Soon after a woman`s statement for Khula is received, the court arranges a meeting of both parties, where efforts for reconciliation are made. However, if these efforts are not successful, the court issues a notice and within 15 days a court trial is held,” she added.

Ms Agha revealed that if a case for Khula was filed, the woman had to give up on the alimony, that had been mentioned in her Nikahnama or marriage contract. Furthermore, she added, no specific reason was required to be cited while filing a Khula case.

The new law also gives a woman Khula if the husband fails to appear in court. Lawyer Aftab Bano Rajput maintained that the majority of women filed for divorce because of domestic violence and others for not getting proper maintenance from their husbands. “Most of the women who file for Khula also file cases for child custody (if they have one) or claim for return of the dowry and maintenance for the Iddat - three months after the divorce,” she said.

Minorities` view

However, in case of a Christian woman seeking separation, she still has to go through the procedure that had been used before 2002. Maryam, a Christian woman, soon after the birth of her son decided she could no longer put up with the irrational demands of her in-laws. “I left my in-laws and came to my parents`. Later, I filed a suit for separation and got it after three years,” she said.

Though in a Christian marriage there is a contract, there is no alimony mentioned in it. Maryam earns her own living and is supported by her parents and a brother.

It was on similar grounds that Fatima sought Khula. “I had no clue how to go about the case. I just knew one thing that I could no longer endure the torment I was going through,” she said.

Her husband had quit earning two years after the marriage and not even the birth of a daughter could bring any change in him. “He was abusive and would smash things in rage and would demand money from my father,” she said. However, five years after the marriage Fatima decided to call it quits. “I was granted Khula within three months,” she said.