According to Section 12-A of the Family Courts Act 1964, a family case shall be decided within six months from the date of filing. However, in practice there is no certainty in Pakistani Legal System.
An honest lawyer can never give his client the exact time period in which a Khula case will be decided. The reason is that "every case has its own merits and circumstances".
A Khula case can be decided within 1 month, within six months or within a year depending upon many factors. Some of these factors include:-
- Pleading style of plaintiff's lawyer
- Pleading style of defendant's lawyer
- Judge's style of conducting similar cases
- Luck of the person filing the case
- Inevitable circumstances
- Contested case and Ex-Parte Case
- Conduct of parties
Some lawyers are active, some are passive. Sometimes the lawyer of defendant wastes time of the court. Sometimes the judge is incapable of dealing in the case as per circumstances. Above all is the luck of person filing case for Khula. She will get her case decided on the day written in her fate.
There are sometimes inevitable circumstances hitting the case. For example transfer of judge, transfer of case, strike of bar, natural disaster, terrorist activity and so on. In every such case, unexpectedly time is wasted.
A contested case is the one in which both the parties participate. Many contested Khula cases end up soon within 1-2 months because a judge can't proceed with the case if reconciliation between parties fail at the pre-trial reconciliation stage. A judge is bound to pass orders under section 10(4) of the Family Courts Act 1964 in such circumstances.
An ex-parte case is the one in which the defendant never appears in the court. Such a case is decided in the favor of lady contesting the Khula case. However, it takes time for the completion of ex-parte trial in such circumstances.
Conduct of parties is having impact on the case also. However, a family suit can't linger on for long. Usually justice is served to the person applying for Khula in a reasonable time.
Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880
An honest lawyer can never give his client the exact time period in which a Khula case will be decided. The reason is that "every case has its own merits and circumstances".
A Khula case can be decided within 1 month, within six months or within a year depending upon many factors. Some of these factors include:-
- Pleading style of plaintiff's lawyer
- Pleading style of defendant's lawyer
- Judge's style of conducting similar cases
- Luck of the person filing the case
- Inevitable circumstances
- Contested case and Ex-Parte Case
- Conduct of parties
Some lawyers are active, some are passive. Sometimes the lawyer of defendant wastes time of the court. Sometimes the judge is incapable of dealing in the case as per circumstances. Above all is the luck of person filing case for Khula. She will get her case decided on the day written in her fate.
There are sometimes inevitable circumstances hitting the case. For example transfer of judge, transfer of case, strike of bar, natural disaster, terrorist activity and so on. In every such case, unexpectedly time is wasted.
A contested case is the one in which both the parties participate. Many contested Khula cases end up soon within 1-2 months because a judge can't proceed with the case if reconciliation between parties fail at the pre-trial reconciliation stage. A judge is bound to pass orders under section 10(4) of the Family Courts Act 1964 in such circumstances.
An ex-parte case is the one in which the defendant never appears in the court. Such a case is decided in the favor of lady contesting the Khula case. However, it takes time for the completion of ex-parte trial in such circumstances.
Conduct of parties is having impact on the case also. However, a family suit can't linger on for long. Usually justice is served to the person applying for Khula in a reasonable time.
Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880
