IINCIDENCE OF KHULA IN PAKISTAN

Khula is a right given to women in Islam that at any time she can dissolve the marriage contract when she feels that he or her husband can not live together in Marriage contract. In Pakistan the cases instituted for Khula are alarmingly increasing as the statistics show. In Khula the woman can not claim her Haq Maher if it is not given at the time of marriage and even husband is not bound to pay her expenses. According to daily Dawn 5th January 2021 the cases filed for khula has raised by 722% AS COMPARED IN 2019 WHERE 632 CASES WERE FILED. In 2020 around 5198 women approached courts for separation in Sindh province from which 4050 were instituted in Karachi districts and majority from Malir Districts. According to some statics by an advocate who has specialized in f family law the cases were more filed during Pandemic though due to lock down there was time for reunion in family but as many working males not only spent 24 hours at home but were also became unemployed which led to quarrels and ended in Khula. This same situation has been stated by advocates in Rawalpindi and one advocate stated that love marriages through social media ended in Khula more than arrange marriages as the families of both side added fuel to fire while in arrange marriages the elder members from both side take responsibilities and try to solve the issues. Apart from Statics it is alarming that the Divorce cases are less than those filed for Khula by women. In Islam this right of divorce known as Talaq-Tafweez is also given to a woman in which the man delegates the right of divorce to his wife or any third party but it does not mean that Man his loses his power to divorce but fortunately or unfortunately this Clause written in Nikahnama is either cut by Molvis or majority of women are unaware of this. Why the rate of Khula is increasing there are many reasons as stated by an Advocate that the girls think that after marriage the life will be very glamorous as shown in dramas but reality is different. Some statics show that it is more observed in Urban than in Rural due to increased awareness of rights of women given by education and higher degrees and women empowerment but we have ignored the basic teaching of Islam where Hazrat Bibi Khadija was first lady Entrepreneur. Any way in Islam men and women are equal but some things are only delegated to Men as woman can not perform Hajj without Muharram, except Mecca Haram Sharif she is not allowed to pray in mosque. With decreasing tolerance towards both parties TV dramas and social media are working as Fuel to Fire. No doubt the domestic violence, Physical and emotional abuse, lack of fulfilling the social and economic responsibilities, Extra Marital relations are prevailing in our societies which is stated by many women. With these women also think that as they are earning so can take better responsibilities of children but both forget about social and psychological trauma of children even it is more while mother is abused in front of children. Whatever reasons being basic right of women to take khula every organization ,civil society and Pakistani TV Serials( TV Drama are also promoting procedure of HALALA ) has to play a positive role to avoid broken families.