Khula is the dissolution of marriage initiated by a wife, by way of paying the dower (mahr) given on their marriage to her husband. The wife proposes and pays for Khula. The husband has no say in whether Khula takes place or not. Khula is the right of a Muslim wife to file a case to dissolve her marriage with her husband. Wife can seek khula whereas a man declares talaq as per Islamic law.

Kinds of Mehar (Mahr)

There are two kinds of mahr: prompt and deferred. The prompt mahr must be paid at the time of divorce; the deferred mahr may be paid either before or after consummation of the marriage.

Decree From the Family Court Required For Khula

The wife must obtain a decree from the court. Once the decree is passed, she becomes free and can then re-marry if she wants to. The process of Khula under Pakistan Law is initiated by a wife. The proceedings are filed in the family court. The husband may defend the proceedings or consent to them or allow them to take their course.

Valid Reason Required To Convince The Court For Khula Decree

The husband is not bound to agree to the Khula, and he cannot be forced to do so. If the husband does not consent, then the wife has to convince the court that it is for a valid reason. The reasons for granting Khula can be several. 

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).