Khula is the right of a wife to seek dissolution of her marriage through the court where she is unwilling to continue in the marital relationship. It is not dependent on proving misconduct by the husband, which is what distinguishes it from dissolution sought on other grounds.
Where the suit is filed
A suit for dissolution of marriage is filed before the Family Court within whose jurisdiction the wife ordinarily resides. This matters practically: a wife who has returned to her parents' home in Karachi is not obliged to litigate in the city where the marriage took place.
The stages of the case
In practice a significant proportion of these cases conclude at or shortly after the reconciliation stage, either by an agreed settlement recorded before the court or by a decree on the basis of khula.
- Filing of the plaint, with the nikahnama and CNIC copies annexed
- Summons to the husband and filing of his written statement
- Pre-trial reconciliation, which the Family Court is required to attempt
- Framing of issues and recording of evidence, if reconciliation fails
- Final arguments and the decree of dissolution
The question of dower
Where a marriage is dissolved on the basis of khula, the court ordinarily requires the wife to return the dower received from the husband, or such part of it as the court considers just in the circumstances. This is a point that is frequently misunderstood: it concerns the dower actually received, and the court retains discretion over the terms.
What should be claimed at the same time
Filing the dissolution suit on its own and dealing with everything else later is a common and expensive mistake. The related claims should ordinarily be brought together so that the whole dispute is decided in one set of proceedings:
- Maintenance for the wife for the period she is entitled to it, and maintenance for the children
- Recovery of dowry articles taken to the matrimonial home
- Custody of the children, and a visitation schedule for the other parent
- Any unpaid deferred dower
A note on timelines
Family Courts are required to decide these matters expeditiously, and an uncontested case can conclude comparatively quickly. A case that is contested at every stage — with adjournments sought, evidence disputed and appeals filed — takes considerably longer. Anyone who promises you a fixed date at the outset is guessing.
The chamber handles family law matters in Karachi. See what family law covers, or call +92 333 7599963 to discuss your case.
This article is general information about Pakistani law and is not legal advice on any particular matter. Law and procedure change, and every case turns on its own facts. Please obtain advice on your own situation before acting.