Khula Law in Pakistan

Legal Basis:

1. Muslim Family Laws Ordinance, 1961:
   • Section 7 of the ordinance specifically deals with the procedure for Khula.
   • It provides Muslim women with the right to seek a divorce from their husbands through a judicial process.

Grounds for Khula:

1. Irretrievable Breakdown of Marriage: Khula can be sought on various grounds, including:
   • Husband’s inability or refusal to maintain the wife.
   • Husband’s cruelty or abusive behavior towards the wife.
   • Discord or irreconcilable differences between the spouses.
   • Any other valid reason recognized by Islamic law.

Procedure for Khula:

1. Filing of Petition:
   • The wife files a Khula petition in the family court, specifying the grounds for seeking divorce.
   • The petition may also include a request for custody of children and resolution of financial matters.
2. Court Proceedings:
   • The family court may attempt reconciliation between the spouses through counseling or mediation.
   • If reconciliation fails, the court proceeds with the Khula proceedings.
3. Judicial Decree:
   • The family court issues a Khula decree if it is satisfied that valid grounds exist for the dissolution of the marriage.
   • The Khula decree legally dissolves the marriage and frees the wife from her marital obligations.
4. Financial Settlement:
   • As part of the Khula proceedings, the court may order the wife to return her dower (mahr) to the husband.
   • Alternatively, the husband may agree to forgo the dower or negotiate a financial settlement with the wife.

Iddat Period:

1. Observance by the Wife:
   • Upon the issuance of the Khula decree, the wife is required to observe the Iddat period, which is typically three menstrual cycles or three months, depending on her circumstances.

Effects of Khula:

1. Termination of Marriage: Khula legally dissolves the marriage, freeing both parties from their marital obligations.
2. Remarriage: After completing the Iddat period, the wife is free to remarry, provided there are no legal impediments.