Khulla

Understanding Khula under Pakistani Law

Khula is the legal right of a Muslim woman to dissolve her marriage when living with her husband becomes impossible or intolerable. It is a judicial form of separation recognized under Section 5 of the West Pakistan Family Courts Act, 1964 and The Dissolution of Muslim Marriage Act, 1939.
Unlike divorce (which is initiated by the husband), Khula empowers the wife to seek separation through the Family Court while surrendering her dower (haq mehr) or other marital rights if already received.

At Shabir Shar Law Associates, we understand that such matters are deeply personal and sensitive. Our experienced family lawyers provide professional legal guidance, compassionate advice, and strong representation throughout the Khula proceedings to ensure your rights are protected under the law.

Grounds for Obtaining a Khula Decree

A wife may file a Khula petition before the Family Court if she cannot live with her husband “within the limits prescribed by Allah.” Common legal grounds under Section 2 of the Dissolution of Muslim Marriage Act, 1939, include:

• Husband missing for four years or more

• Failure to provide maintenance for two years

• Husband sentenced to seven years or more imprisonment

• Failure to fulfill marital obligations for three years

• Impotence or serious illness of the husband

• Cruelty, habitual assault, or making life miserable

• Husband’s conversion of religion

• Marriage solemnized without consent during childhood

• Any other valid cause recognized under Islamic law

Our lawyers assist in preparing a strong, fact-based case with proper documentation and evidence to ensure a favorable outcome.

Procedure for Filing Khula in Pakistan

1. Filing of Khula Petition:
   The wife (through her lawyer) files a petition in the Family Court of the area where she ordinarily resides.

2. Issuance of Notice to Husband:
   The court issues notice to the husband and provides an opportunity for reconciliation through the Arbitration Council.

3. Reconciliation Proceedings:
   The court attempts to reconcile the parties as required by law. If reconciliation fails, the court records the statement of the wife declaring that she cannot live with her husband within the limits prescribed by Allah.

4. Khula Decree:
   Upon failure of reconciliation, the court passes a Decree of Dissolution of Marriage by Way of Khula.

5. Effectiveness of Khula:
   The decree becomes effective after 90 days, once the decision is sent to the Chairman of the Arbitration Council under the Muslim Family Laws Ordinance, 1961.

Documents Required for Khula Case

To file a Khula petition, the following documents are typically required:

• Copy of Nikah Nama (Marriage Certificate)

• CNIC copies of both spouses

• Recent photographs of the petitioner

• Proof of residence or address

• Any evidence of cruelty, non-maintenance, or desertion (if applicable)

Rights of the Wife after Khula

After the grant of Khula, the wife is entitled to:

• Dowry articles and personal belongings

• Maintenance during Iddah period (if not already paid)

• Custody and maintenance of minor children, subject to court’s decision

• Dower amount (Haq Mehr) — if not yet received, or returned if already taken as per court’s order

The Iddah period after Khula is one menstrual cycle, as prescribed by Islamic law.