Comprehensive Guide to Khula in Pakistan: Legal Basis, Procedure, Types, and Petition Format / sample draft

Comprehensive Guide to Khula in Pakistan: Legal Basis, Procedure, Types, and Petition Format

I. Introduction: What is Khula?

Khula is the right of a Muslim woman to seek dissolution of her marriage through the intervention of a court by returning her dower (mehr) or any other agreed consideration. It is recognized under Islamic law and codified in Pakistani family law. Unlike talaq (divorce by the husband), khula is initiated by the wife and requires judicial approval.

The term “khula” is derived from the Arabic word meaning “to unbind” or “to take off,” signifying the removal of marital ties. It is recognized in the West Pakistan Family Courts Act, 1964, and various rulings by superior courts.

II. Types of Khula and Related Dissolutions

While the general term “khula” refers to a wife-initiated divorce, several dissolution types are legally recognized:

1. Judicial Khula

Filed in a Family Court, usually when the wife is willing to return dower and forgo other rights.

2. Dissolution of Marriage on Grounds (Section 2 of the Dissolution of Muslim Marriages Act, 1939)

When khula is not viable or dower cannot be returned, and specific legal grounds are established (e.g., cruelty, impotence).

3. Talaq-e-Tafweez (Delegated Divorce)

If delegated by the husband, the wife can pronounce talaq herself. Though not khula, it achieves a similar result.

4. Mubarat

Mutual dissolution of marriage, distinct from khula but sometimes confused with it.

III. Legal Framework and Basic Requirements

A. Relevant Statutes

• West Pakistan Family Courts Act, 1964
• Dissolution of Muslim Marriages Act, 1939
• Muslim Family Laws Ordinance, 1961
• Qanun-e-Shahadat Order, 1984 (for evidence)

B. Requirements for Filing Khula

1. Valid marriage (Nikah)
2. Marriage not dissolved previously
3. Woman’s clear intention to terminate marriage
4. Willingness to return dower (if khula is without fault)
5. Incompatibility, cruelty, desertion, or any ground making marriage unbearable

C. Grounds for Khula

1. Cruelty by the husband (mental or physical)
2. Non-maintenance for two years
3. Desertion for four years or more
4. Husband’s impotence or incurable disease
5. Marriage without the woman’s consent
6. Husband’s imprisonment for seven years or more
7. Incompatibility and hatred
8. Husband’s second marriage without permission
9. Moral turpitude or dishonor

Judicial precedents establish that even aversion or incompatibility is sufficient for khula.

IV. Procedure for Obtaining Khula in Pakistan (Family Courts)

Step-by-Step Process:

1. Filing of Khula Petition
   • File before the Family Court having jurisdiction (usually where wife resides).
2. Issuance of Summons
   • Court issues notice/summons to the husband.
3. Failure to Reconcile
   • The court attempts reconciliation. If it fails, proceeds with the case.
4. Evidence and Trial
   • Wife gives statement on oath.
   • Returns dower (if applicable).
   • Court records evidence and arguments.
5. Decree of Khula
   • Upon satisfaction, the Family Court passes a decree for dissolution.
6. Intimation to Union Council
   • Under MFLO 1961, intimation sent to the Union Council for issuance of the divorce certificate.
7. Effect of Decree
   • Khula takes effect after 90 days from receipt of decree by Union Council.

V. Jurisdiction of Courts

• Family Courts have exclusive jurisdiction.
• Jurisdiction lies where the wife resides, even if the husband resides elsewhere.
• Islamabad Family Courts follow Islamabad Capital Territory Family Courts Act, 2015.

VI. Draft Petition for Khula in Family Court, Islamabad

IN THE COURT OF SENIOR CIVIL JUDGE/FAMILY COURT, ISLAMABAD

Family Suit No. ____/2025
In Re: Mst. [Name] D/o [Father’s Name],
Resident of [Address], Islamabad

VERSUS

Mr. [Husband’s Name] S/o [Father’s Name],
Resident of [Husband’s Address]

SUIT FOR DISSOLUTION OF MARRIAGE (KHULA)

Respectfully Sheweth:

1. That the plaintiff was lawfully married to the defendant on [Date], through a valid Nikah.
2. That a sum of Rs. [Amount] was fixed as dower, out of which [mention paid/unpaid portion].
3. That after marriage, the plaintiff was subjected to [mention any relevant allegations—cruelty, desertion, etc.].
4. That despite sincere efforts, the relationship has become irreconcilable, and the plaintiff has developed hatred and aversion for the defendant.
5. That the plaintiff is ready to return the dower/forgo any claim as per law in order to obtain khula.
6. That all efforts at reconciliation have failed, and it is impossible for the plaintiff to live with the defendant within the limits prescribed by Allah.
7. That the cause of action arose on [Date] and still continues.
8. That the plaintiff resides in Islamabad and the honorable court has jurisdiction.
9. That this suit is being filed within the prescribed time.

PRAYER:

In view of the above, it is respectfully prayed that the honorable court may kindly:

a) Decree the dissolution of marriage between the plaintiff and the defendant by way of khula;

b) Direct the plaintiff to return the dower (if applicable);

c) Grant any other relief deemed appropriate in the circumstances.

Islamabad
Date: ________

Plaintiff
Through: ASADULLAH HASHMI

LLM-ITL (Medalist)
Advocate High Court
Office Address: office no. 4, Block-D7, FGEHA Apartments, Sector G-11/4, Islamabad
Contact: 0332-7516974 , 0332-0074848

VII. Conclusion

Khula is a right grounded in Islamic law and upheld by Pakistani courts to protect women’s autonomy and dignity in marital life. The procedure is straightforward but requires judicial oversight to balance the rights of both spouses. Legal representation and understanding of rights are essential to navigate the process successfully.