A Suit for Dissolution of Marriage on the Basis of Khula is a legal remedy available to Muslim women in Pakistan who seek to end their marriage due to incompatibility, mistreatment, or loss of marital harmony. The right to Khula is granted under Islamic law and legally recognized under the Family Courts Act, 1964, and the Dissolution of Muslim Marriages Act, 1939.
The term Khula (خلع) refers to the right of a Muslim woman to seek separation from her husband by returning her Haq Mehr (dower) or any other mutually agreed compensation. It is an act of divorce initiated by the wife, with the approval of the Family Court.
Under Section 10 of the West Pakistan Family Courts Act, 1964, a wife may file a suit for dissolution of marriage based on Khula when she feels she cannot live with her husband within the limits prescribed by Allah. The court, after hearing both parties, may grant a decree for dissolution if reconciliation efforts fail.
Filing of Suit:
The wife (plaintiff) files a Suit for Dissolution of Marriage before the Family Court having jurisdiction over her residence. The plaint includes details of marriage, the reasons for seeking Khula, and an offer to return Haq Mehr.
Notice to Husband:
The court issues notice to the husband (defendant) to appear and file his written statement.
Reconciliation Proceedings:
Under Section 10(3) of the Family Courts Act, the court must attempt reconciliation between the parties. If reconciliation fails, the court records this failure in its order.
Decree of Dissolution:
After recording evidence and confirming the wife’s determination, the court grants a decree for dissolution of marriage on the basis of Khula.
Family Court’s Decision & Union Council:
The certified copy of the decree is sent to the Chairman, Union Council under Section 7 of the Muslim Family Laws Ordinance, 1961, for issuance of the official Divorce Certificate (Talaq/Khula Certificate) after the mandatory 90-day period (iddat).
Dissolution of Muslim Marriages Act, 1939
West Pakistan Family Courts Act, 1964 (Section 10)
Muslim Family Laws Ordinance, 1961 (Section 7)
Family Court Rules, 1965
A Suit for Dissolution of Marriage on the Basis of Khula is a powerful legal safeguard for women in Pakistan who face marital distress or incompatibility. It ensures dignity, fairness, and compliance with both Islamic and statutory law. Consulting an experienced family lawyer can help draft a proper Khula application, present evidence, and ensure that all legal requirements are fulfilled.
If you are seeking legal separation, understanding your rights under Khula law in Pakistan is the first step toward a fair and lawful resolution.
______ Daughter of _______, Resident of ______, Lahore.
Plaintiff
V E R S U S
______ Son _______ Resident __________________
Defendant
SUIT FOR DISSOLUTION OF MARRIAGE ON THE BASIS OF KHULLA
Respectfully Sheweth:-
That the plaintiff was married with the defendant on 2.07.20 in accordance with Muslim Law against Rs. ____/- as prompt dower, which was paid.
That with the passage of time the attitude and behavior of the defendant became cruel and harsh. The plaintiff was also a victim of domestic violence and mental torture.
That Since the marriage took place, the defendant has not provided adequate maintenance to the plaintiff.
That despite the physical and mental torture given to the plaintiff by the defendant, the plaintiff tried her level best to reconcile the matter for the sake of her matrimonial life.
That elders of the families tried for reconciliation; however, all their efforts have failed. The defendant has flatly refused to mend his ways.
That in January 2022 the defendant after severe beating deserted the plaintiff from his house in three wearing apparels.
That the life of the plaintiff severely impacted by the defendant's cruel conduct. Now plaintiff has developed hatred in her mind against the defendant and she cannot live with the defendant within prescribed limits of ALMIGHTY ALLAH.
That the plaintiff’s approached the defendant and requested him to divorce the plaintiff but defendant flatly refused. Hence, this suit.
That the cause of action accrued in favour of the plaintiff against the defendant firstly, when marriage was solemnized, secondly, when defendant tortured the plaintiff and kicked out the plaintiff from his house and lastly when defendant flatly refused to divorce the plaintiff, which is still continuing.
That the plaintiff is residing in Lahore, therefore, this Honourable court has got the jurisdiction to adjudicate upon the matter.
That the requisite court fee has been affixed on the plaint.
PRAYER
Under above narrated circumstances, it is, therefore, most respectfully prayed that a decree for dissolution of marriage on the basis of “Khulla” may very kindly be passed in favour of the plaintiff and against the defendant.
Any other relief which this Honourable Court deems fit may also be awarded.
Plaintiff
through
_____________________
Advocate High Court
VERIFICATION
Verified on oath at Lahore this __ day of jul 2024 that the contents of paras No. 1 to 10 are correct to the best of my knowledge and belief. Plaintiff
