What khula is — and isn't

Khula is a wife's right to seek dissolution of marriage through the Family Court. It does not require the husband's consent — a common misconception that keeps women in limbo for years. The court grants it on the wife's statement that she cannot live within the limits of marriage, supported by her evidence. What the husband can contest is the financial fallout: dower, maintenance, and gifts.

The process, step by step

A plaint is filed in the Family Court with the nikahnama and relevant details. The court first attempts reconciliation — a mandatory preliminary stage. If that fails, evidence is recorded (usually brief in khula suits), and the court passes a decree of dissolution. Many khula suits conclude within a few months when undefended.

The 90-day certificate everyone forgets

The decree alone does not end the marriage in the state's eyes. Under the Muslim Family Laws Ordinance, 1961, a copy of the decree goes to the Union Council, which issues notices and, after 90 days, a certificate of effectiveness of divorce. Only then is the dissolution final for NADRA and remarriage purposes. We have seen clients discover — years later — that this step was never completed.

Money matters: dower and maintenance

Khula usually involves returning benefits received — the court may order return of dower (haq mehr) where applicable. Separately, the wife can claim maintenance for the iddat period and for minor children, and interim maintenance can be ordered while the suit is pending. File these claims together; piecemeal litigation costs more.

And the children?

Custody is decided under a different lens entirely: the welfare of the minor. Courts consider age, care, schooling and stability — mothers commonly retain custody of young children, with structured visitation for fathers. Custody and khula can run as separate suits, and visitation schedules are enforceable orders, not favours.