Khula is the right of a Muslim woman to seek dissolution of her marriage through the court when the relationship has broken down. Unlike talaq, which is initiated by the husband, khula puts the decision in the wife’s hands — and the law does not require her husband’s agreement.
The legal basis
Khula in Pakistan is sought through the Family Court. Section 10 of the Family Courts Act 1964 provides for it, and the Dissolution of Muslim Marriages Act 1939 sets out grounds on which a woman may obtain a decree dissolving her marriage.
The superior courts have long recognised khula as a right: where a wife satisfies the court that the spouses cannot live together within the limits prescribed by law, the court may dissolve the marriage even if the husband does not consent — after an attempt at reconciliation.
What happens to dower (haq mehr)?
In a khula the wife is ordinarily required to return or relinquish dower (haq mehr) as the consideration for the dissolution. The exact position depends on the facts and on whether the dower was prompt or deferred.
Where, however, the marriage is dissolved on a statutory ground under section 2 of the Dissolution of Muslim Marriages Act 1939 — such as cruelty or a failure to maintain — the wife may not be required to give up her dower. Which route fits your circumstances is a question worth advice.
The process, in brief
A suit is filed in the Family Court that has jurisdiction. The court issues notice, attempts reconciliation between the parties, and — if reconciliation fails — proceeds to decide the matter. Timelines vary with the court and the circumstances of the case.