Draft of Khula agreement

KHULA BY MUTUAL CONSENT

THIS AGREEMENT OF KHULA BY MUTUAL CONSENTis made on this ______day of October, 2012.

BY AND BETWEEN

1. Mrs. ________________________________Daughter of _________________ Resident of __________________________________________________________.

      (hereinafter collectively referred to as the “Wife’)

AND

Mr.________________________ Son of ____________________________ Resident of ___________________________________________________________________

(hereinafter collectively referred to as the “Husband’)

WHEREAS

1. That the parties are Sunni Muslims governed by the Hanfi Law.

1. That marriage of the parties was solemnized at Lahore on dated _________with the consent of both the parties and blessings of the respective families, according to Sunni sect, in accordance with the Muslim rites in consideration of a sum of Rs. _____________/- as her dower on demand.

1. That the “Nikahnama” was reduced in writing under the Family Laws Ordinance, 1961.  Out of this wedlock, the plaintiff gave birth to a child/ childsnamely ________________________on  dated 00.00.0000

1. That in the beginning parties lived happily for some time. However, after passage of time relations inter-se the parties became estrange and deteriorated from bad to worst. That the parties has now extreme aversion towards each other and now it impossible for parties to live, as husband and wife, within the limits as prescribed by the Almighty.

1.  In the above perspective, there is no other recourse but to seek Khula and both the parties are agreed to dissolved the marriage held on dated ____________ without the intervention of the qazi in the presence of two witnesson the certain terms and conditions/obligations which are as follows;

1. That on the demand of the wife; the husband shall pronounced the triple irrevocable Talaq before signing this agreement at a same time in the presence of two witnesses.
2. That the husband shall pronounced the Talaq without any condition and  shall not be entitled to any consideration from his wife as he is agreed to give khula without any demand.
3. That after the khula the wife shall not be entitled/ demand any past and present maintenance during iddat period and deferred dower if any.
4. That after the khula the wife shall observe the iddat period of one month and shall be entiled to remarry after the iddat period and husband has no right to interfere in any lawful second marriage of his wife.
5. That the husband shall maintain his children on monthly basis and paid Rs. __________ regularly to natural guardian of the children.
6. The husband is also allowed to visit in a month and with the permission of the natural guardian can meet to his children.
7. That the wife shall absolutely retained the custody of the children for life time and husband shall be entitled to demand the custody of the children even after the second marriage of his wife and after the age limitation prescribed by law.

IN WITNESS WHEREOF the parties mentioned hereinabove has signed this agreement of khula at Lahore on this ___ day of October 2012.

WIFE                                                                          HUSBAND

Name _____________________                                Name_______________________

Address____________________                                Address_____________________

___________________________                              _____________________________

CNIC NO.___________________                             CNIC NO.____________________

Signature with Thumb Impression                              Signature with Thumb Impression

WITNESSES:                                                          

1. ___________________________                  2. __________________________   

Signature                                                            Signature

Name_________________________                 Name_______________________

S/d/w/o________________________                S/d/w/o______________________

NIC NO_______________________                NIC NO_____________________

Address_______________________                 Address_____________________

______________________________                 _____________________________