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Khula in Pakistan: Legal Right of a Muslim Wife to End Her Marriage

Khula is a legal process under Islamic law through which a Muslim wife can seek dissolution of her marriage by returning the dower (mahr) received from her husband. Unlike talaq, which is a husband’s right to divorce, Khula empowers the wife to initiate legal proceedings in a family court to end the marital bond. The wife’s request for Khula is independent of the husband’s consent, and the court evaluates her petition based on the circumstances. In Pakistan, Khula serves as a vital legal remedy for women seeking separation on valid grounds, ensuring their right to exit an unfavorable or abusive marriage.

Decree From the Family Court Required For Khula

Khula Procedure in Pakistan: Legal Decree for Dissolution of Marriage

Under Pakistani law, the Khula process begins when a Muslim wife files a petition in the family court to dissolve her marriage. The wife must obtain a formal Khula decree from the court, which legally ends the marriage. Once the decree is granted, she is no longer bound by the marriage and is free to remarry if she chooses. During the court proceedings, the husband may contest the petition, agree to it, or allow the process to proceed uncontested. The legal system ensures that the wife’s right to Khula is protected, offering a lawful and dignified exit from the marriage when reconciliation is not possible.

Valid Reason Required To Convince The Court for Khula Decree

When the Husband Refuses Khula: Legal Recourse for Women in Pakistan

In the Khula process under Pakistani family law, the husband’s consent is not mandatory for the wife to seek dissolution of marriage. While the husband cannot be forced to agree to Khula, the wife can still petition the family court to grant it without his approval. In such cases, the wife must present valid and compelling reasons before the court to justify her request for Khula. These reasons may include mental or physical cruelty, neglect, incompatibility, lack of financial support, or other legitimate concerns. The court evaluates the evidence and circumstances before issuing a Khula decree, ensuring the wife’s legal right to end an irreparable marital relationship.

Family Court shall Record Evidence For Khula 

After recording evidence from both parties, if the Court finds that there is a valid reason for granting Khula, it will grant an order of dissolution of marriage on that basis. If it does not, it will dismiss the case against divorce application by a wife (Khula).

Judgment For Granting or Not Granting Decree For Khula

In either case, this judgment will be binding on both parties and neither party can file another divorce case after this judgment. However, if new facts come into existence later on, then either party can file a fresh divorce case based on those facts.

Determination of Unspecified Quantity of Mehar (Mahr), in case of Khula 

If the amount of mehar (mahr) cannot be determined, i.e., if it was given as “the worth” of something or an unspecified quantity, then it must be decided through arbitration by two just men from the wife’s family and two from the husband’s family. If this is not possible, then the husband may appoint someone else as his representative, while the wife retains her right to appoint someone from her own family (Quran 4:35).