how to file khula in pakistan
The word khula comes from the Arabic root meaning “to remove” or “to take off.” In Islamic law, khula refers to the right of a wife to seek dissolution of marriage by returning the mehr (dower) or another consideration agreed upon by the husband.
In simple terms:
Talaq → Husband initiates divorce.
Khula → Wife initiates divorce through court.
Khula in the Qur’an and Hadith
The foundation of khula is in the Qur’an:
Surah Al-Baqarah (2:229) states:
“…And it is not lawful for you to take back anything of what you have given them unless both fear that they cannot keep [within] the limits of Allah…”
This means if a wife fears she cannot continue with her husband within Islamic limits, she can seek separation by returning her mehr.
The Hadith of Jamila, wife of Thabit bin Qais (RA), also illustrates khula. She told the Prophet Muhammad (PBUH) she could not continue her marriage despite her husband’s good character. The Prophet (PBUH) approved her khula in return for the garden (mehr) she had received.
Khula in Pakistani Law
In Pakistan, khula is legally recognized under:
Dissolution of Muslim Marriages Act, 1939
Family Courts Act, 1964
Pakistani courts consistently rule that if a wife declares she cannot live with her husband within the limits of Allah, the court is bound to grant khula.
Who Can File Khula in Pakistan?
Khula can only be filed by a legally married woman in Pakistan.
Conditions for Filing Khula
Valid Marriage (Nikah Nama) – The wife must prove a legal marriage took place.
Muslim Wife – Khula applies to Muslim women; Christian and Hindu women follow their own personal laws.
Grounds for Khula – While not strictly required, common reasons include:
Domestic violence or cruelty.
Non-payment of maintenance (nafaqah).
Abandonment or disappearance of husband.
Forced marriage.
Lack of compatibility.
Drug addiction or immoral activities of husband.
Legal Framework of Khula in Pakistan
The law of khula is governed by:
Dissolution of Muslim Marriages Act, 1939
Provides grounds for women to seek divorce.
Section 2 gives multiple conditions like cruelty, absence, failure to maintain, etc.
Family Courts Act, 1964
Gives jurisdiction to Family Courts to hear khula cases.
Section 10 specifically deals with khula procedure.
Case Law Precedents
Pakistani courts have repeatedly emphasized that the welfare of both parties and Islamic principles must be respected.
Example: In Khurshid Bibi vs. Muhammad Amin (PLD 1967 SC 97), the Supreme Court held that a wife’s declaration of inability to live within the limits of Allah is enough ground for khula.
Step-by-Step Procedure of Filing Khula in Pakistan
Here’s the detailed step-by-step process of filing khula in Pakistan:
Step 1: Hire a Family Lawyer
A professional lawyer prepares the petition, attaches documents, and represents the wife in court.
Step 2: Drafting and Filing Petition
Petition filed in the Family Court of wife’s residence.
Petition includes:
Wife’s details.
Husband’s details.
Marriage details (nikah nama).
Children details (if any).
Grounds for khula.
Prayer for dissolution.
Step 3: Court Issues Notice to Husband
The Family Court summons the husband to appear. If he doesn’t appear, case proceeds ex parte.
Step 4: Reconciliation Attempts
The judge tries to reconcile the parties. If reconciliation fails, proceedings continue.
Step 5: Wife’s Statement and Evidence
The wife submits her statement declaring she cannot live with her husband within Islamic limits.
Step 6: Court Grants Khula Decree
If reconciliation fails, the court issues a decree of dissolution (khula).
Step 7: Union Council Procedure
Family Court sends decree to Union Council.
Union Council issues notice to husband.
After 90 days iddat, the khula is finalized.
Union Council issues Certificate of Dissolution of Marriage.
Documents Required for Filing Khula
Wife’s CNIC copy.
Husband’s CNIC copy (if available).
Nikah Nama (Marriage Certificate).
Children’s birth certificates (if custody is involved).
Proof of residence (to establish jurisdiction).
Affidavit of wife.
Photographs of petitioner.
Any evidence (if alleging cruelty or non-maintenance).
Rights of Wife During Khula
Return of Mehr (Dower) – Generally wife must return mehr.
Dowry Items – Wife can claim her dowry items back through a separate case.
Maintenance (Nafaqah) – Husband is responsible for maintenance of children, not wife after khula.
Custody of Children – Welfare of children decides custody, usually given to mother in tender years.
Inheritance Rights – End after divorce/khula.
Duration and Cost of Khula in Pakistan
Duration: Typically 3 to 6 months, depending on court workload.
Court Fee: Nominal (around Rs. 200).
Lawyer Fee: Varies from Rs. 50,000 to Rs. 200,000 depending on city and lawyer’s experience.
Common Challenges in Khula Cases
Husband avoiding court appearances.
Family pressure on wife to withdraw case.
Misconceptions about return of dowry.
Delays in Union Council procedure.
Effect of Khula on Custody of Children
Custody decided separately under Guardian and Wards Act, 1890.
Mother usually granted custody in tender years (up to age 7 for sons, until puberty for daughters).
Father retains guardianship and responsibility for maintenance.
Chapter 10: Case Laws on Khula in Pakistan
Khurshid Bibi vs. Muhammad Amin (PLD 1967 SC 97): Wife’s statement sufficient for khula.
2002 SCMR 300: Welfare of wife and family stability are priority.
2014 CLC 895 (Lahore): Courts bound to grant khula if wife declares inability to live within Islamic limits.
FAQs About Khula in Pakistan
How long does khula take in Pakistan?
– Around 3–6 months.Can wife file khula without husband’s consent?
– Yes, husband’s consent is not required.Is khula valid without court?
– No, it must go through Family Court + Union Council.Can wife claim custody after khula?
– Yes, based on welfare of child.What is the cost of khula in Pakistan?
– Around Rs. 50,000–200,000 including lawyer fees.
