Khula and Divorce in Pakistan – Legal Overview
Divorce and Khula are two important concepts in family law in Pakistan. While both result in the dissolution of marriage, the legal procedure and grounds differ. These matters are regulated under Islamic law, the Muslim Family Laws Ordinance 1961, and the Family Courts Act 1964.
written by mcl team
9/1/20252 min read
What is Divorce?
Divorce (Talaq) is the right of the husband to dissolve the marriage contract. It must be exercised in accordance with Islamic principles and the law of the land.
Procedure for Divorce (Talaq)
The husband pronounces divorce, either orally or in writing.
A written notice of divorce is sent to the Chairman Union Council of the area where the wife resides.
The Chairman forms an Arbitration Council to attempt reconciliation.
If reconciliation fails, the divorce becomes effective after 90 days from the date the notice was received by the Chairman.
Failure to send notice to the Union Council can make the divorce legally ineffective, even if pronounced.
What is Khula?
Khula is the right of the wife to seek dissolution of marriage through a court if she cannot live with her husband within the limits of Allah.
Procedure for Khula
The wife files a suit for dissolution of marriage in the Family Court.
The court will issue notices to the husband and attempt reconciliation.
If reconciliation fails, the court grants Khula.
Usually, the wife is required to return Haq Mehr (dower) or any other agreed property, unless waived by the husband or court.
Grounds for Khula
The wife can seek Khula on various grounds, including:
Cruelty or abuse by the husband
Failure to provide maintenance
Desertion
Irreconcilable differences
Even without specific grounds, if the wife convinces the court that she cannot live with her husband, Khula can be granted.
Key Differences Between Divorce and Khula
Divorce is initiated by the husband, while Khula is initiated by the wife through a court.
In Divorce, the husband does not have to approach a court, but in Khula, the court’s intervention is mandatory.
Khula often involves returning the dower, while Divorce does not.
Effects After Dissolution
The wife is entitled to maintenance during the iddat period.
Custody of minor children is usually decided in the best interest of the child, regardless of who initiated the separation.
Both parties are free to remarry after the completion of iddat.
Legal Support and Advice
Matters of divorce and Khula can be emotionally and legally complex. It is essential to follow proper procedures to ensure the dissolution is valid and enforceable under Pakistani law.
Need Legal Assistance?
At The MC Legal, we provide expert advice and representation for Divorce, Khula, and all family law matters in Pakistan.
📞 Call: +92 315 5115169
📧 Email: inquire@themclegal.com
🌐 Visit: themclegal.com