Khula is an absolute right in Islamic and Pakistani Law that allows a Muslim woman to initiate a divorce from her husband. It’s different from a regular divorce (Talaq) which is typically initiated by the husband.
Key points about Khula:
- Initiated by the Wife: Unlike talaq, khula empowers the wife to seek a divorce.
- No Fault Required: A wife doesn’t necessarily need a specific reason for seeking a khula.
- Husband’s Consent: Pakistani Law clearly allow a judge to grant the Khulla without the consent of Husband or any other certain circumstances. However, some schools of Islamic jurisprudence require the husband’s consent.
- Dissolution with Compensation: The wife may offer compensation (often the return of her dowry) to the husband in exchange for his agreement to the divorce.
How to File the Khulla Case in Pakistan:
In Pakistan, khula is regulated by the “The Muslim Family Laws Ordinance 1961” which allows any Muslim women to take khulla if she don’t want to live with her husband due to any reason. However, in case of Khulla, the female has to approach the family courts of Pakistan and only a Family Judge can pass a decree of Khulla. The decree of Khulla is an official document which shows that the female has exercise her right of Khulla and now the marriage between the spouse has ended.
Procedure of Khulla:
1. Consult a Lawyer: In order to obtain Khulla the female has to consult with a professional Lawyer who would obtain the basic details of the female such as her Name, Age, Date of Marriage, Children Details, Background of the case. After analyzing the details of your case, the Lawyer will suggest you accordingly and will proceed with your case.
2. Documents: The document required for the case of Khulla are minimal such as the Identity Card of the female, Copy of the Nikkah-Nama or any other relevant document. In exceptional cases, when a female doesn’t have access to any of such document, she can still file a khulla case.
3. Court Visit: In Khulla cases, the female has to appear before the court and record her testimony before a family court Judge that she seeks Khulla. In our country, the females hesitate from appearing before a court or they are in such vulnerable position that they can’t appear before court to security or other issues. In such cases, she can appoint some other person as an attorney who could appear before the court and provide testimony on her behalf.
4. Time-Frame: The Khulla case time could vary as per the nature of the case. However, it usually take almost 2-3 months to conclude a Khulla case and get the decree of the Khulla from the Family Court.
5.Fee for Khulla: In case of Khulla, there are 2 types of cost which you need to keep in your mind. The 1st cost is of filing your case which is almost 3000/PKR to 5000/PKR in which the lawyer will file your case, send notices to the other party, publish your advertisement in the newspaper and other misc. charges. The 2nd cost is the fees of the services of the professional Lawyer, which could depend on the expertise and experience of your Lawyer. However, the fee of Khulla is minimal unless there are other factors involve. You can consult with our professional Lawyer at
Important: If you also have other claims such as dower, dowry articles, past maintenance, children maintenance, you can also file one consolidated case in which you would first seek Khulla and then your other claims.
In Conclusion, Filing a Khulla case in Pakistan involves a structured legal process that requires careful preparation and understanding of your rights. By consulting with an experienced lawyer, preparing the necessary documents, and following the legal steps outlined above, you can navigate the process effectively. Understanding the grounds for Khulla and being aware of the legal considerations will help you approach the case with confidence.
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