How
to Get Khula (Divorce) in Pakistan: A Complete Legal Guide
What
is Khula?
Khula
is a type of divorce in Islamic law where a wife seeks separation from her
husband through the court. Unlike Talaq, where the husband initiates the
divorce, Khula is initiated by the wife, typically due to dissatisfaction or
inability to continue the marriage. In Islam, a marriage can be dissolved
through Khula when a wife requests it, offering compensation (often in the
form of dower) in return for her release from the marital bond.
Khula
allows for a divorce even if there is no fault on the husband's part,
emphasizing the wife’s right to seek separation if she is unwilling to live in
an unharmonious marriage.
Difference
Between Khula and Talaq
While
both Khula and Talaq are divorce mechanisms in Islam, they differ
significantly:
- Talaq is
initiated by the husband, where he pronounces divorce, making him
responsible for the payment of dower (Mahr).
- Khula,
however, is initiated by the wife, who compensates the husband to seek
separation. The wife returns the dower or part of it to the husband in
exchange for the divorce.
Grounds
for Obtaining Khula
Under
Pakistani law, particularly the Dissolution of Muslim Marriages Act, 1963, a
woman may obtain a decree of dissolution (Khula) on the following grounds:
- Abandonment:
Husband’s whereabouts are unknown for at least 4 years.
- Failure to
provide maintenance: Husband has failed to maintain the wife for at least
2 years.
- Imprisonment:
Husband sentenced to imprisonment for 7 or more years.
- Non-fulfillment
of marital obligations: Husband has not performed marital duties for 3
years.
- Impotence:
Husband is impotent at the time of marriage and continues to be so.
- Mental
illness: Husband is mentally ill or suffers from leprosy or venereal
diseases.
- Forced
marriage: Marriage conducted before the wife turned 18 and she repudiates
the marriage.
- Cruelty:
Husband’s cruelty, physical or mental, or misconduct makes the marriage
unbearable.
- Inability
to live harmoniously: Any other reason under Muslim law that makes the
continuation of marriage impossible.
How
to File for Khula in Pakistan
Institution
of Suit under the West Pakistan Family Court Act, 1964
To
initiate Khula, a woman must file a suit under the West Pakistan Family Court
Act, 1964. The suit should contain all material facts related to the disputes,
including maintenance, dowry, and custody of children, if applicable.
Notice
to the Defendant (Husband)
Once
the suit is filed, the Family Court issues a notice to the husband. This notice
can be served through various methods like a court bailiff, TCS, or registered
AD. If the husband does not respond to the notice, it may be published in a
newspaper, and the court may proceed ex-parte (without the husband's presence).
Written
Statement and Pre-trial Procedure
If
the husband responds to the notice, he must file a written statement. Following
this, the Family Court will initiate a pre-trial hearing, where both parties
present their statements, and the court will attempt to facilitate a compromise
between the couple. If reconciliation fails, the court proceeds with recording
the statements and evidence.
Decree
for Khula
Once
all evidence is submitted, and if the court is satisfied with the wife’s
testimony, it may pass a decree for Khula. The wife is then required to return
the dower (Mahr) as part of the divorce settlement.
Important
Legal Aspects of Khula
Return
of Dower
When
a Khula decree is passed, the wife must return the dower (Mahr) given to her
during the marriage. The Family Court mandates this return as a condition for
divorce. Failure to return the dower may result in the husband initiating a civil
suit to recover it.
Time
Duration of the Khula Process
The
legal process of Khula typically takes 6 months according to the West Pakistan
Family Court Act, 1964, though in practice, it may take longer due to delays in
hearings and procedural formalities.
Khula
for Non-Muslim Women in Pakistan
While
Khula is strictly an Islamic divorce concept, non-Muslim women in Pakistan do
not have the legal right to seek Khula under Pakistani family law. This option
is available only to Muslim women as per Islamic principles recognized under
the West Pakistan Family Court Act, 1964.
Conclusion:
The Legal Path to Khula
Obtaining
Khula in Pakistan is a legally structured process that allows a wife to
dissolve her marriage through the court. The Family Court plays a central role
in adjudicating these cases, ensuring that both parties are heard and that the
wife receives her rightful legal dissolution. For women seeking Khula, it’s
crucial to understand the legal grounds, processes, and implications, including
the return of the dower.
Need Legal Assistance for Khula or Divorce?
At
Qadeer & Zaheer – Advocates & Legal Consultants, we specialize in family law, including Khula cases.
Our experienced legal team is here to guide you through the process, ensuring
your rights are protected.
📞 Contact Us Today at www.qzlawfirm.pk/contact
for expert legal advice.
