Khula in Pakistan – Detailed Legal Guide by ALawyer24

What is Khula?

Khula is an Islamic and legal right granted to a Muslim wife to seek the dissolution of her marriage through the court when she no longer wishes to remain married to her husband.

In Pakistan, Khula is governed by:

• The Dissolution of Muslim Marriages Act 1939, and
• The Family Courts Act 1964.

Under Islamic law, when a wife cannot continue the marriage due to emotional, physical, or mental distress, she may return the Haq Mehr (dower) or part of it to seek separation. The court issues a Khula decree, which legally ends the marriage.

 Islamic Reference:
The Holy Qur’an (Surah Al-Baqarah, 2:229) mentions that a woman may separate herself if she fears she cannot maintain the limits of Allah in marriage.

Who Can Apply for Khula?

Any Muslim wife married under Pakistani or Islamic law can apply for Khula in Pakistan.

There are two main situations:

1. If she lives in Pakistan: She can file the Khula suit directly in the Family Court through a lawyer.
2. If she lives abroad (Overseas Pakistani): She can file Khula in Pakistan through a Power of Attorney or online representation by ALawyer24.

Khula is only filed by the wife — the husband cannot file for Khula. If a husband wants separation, he must give Talaq (divorce) instead.

Khula for Overseas Pakistani Women

Overseas Pakistani women living in USA, UK, Canada, Saudi Arabia, UAE, Qatar, Bahrain, Kuwait, Malaysia, or Australia can legally apply for Khula in Pakistan without coming back.

The process is simple and completely legal under Pakistani family law.

Step-by-Step Khula Process for Overseas Pakistanis

1. Contact ALawyer24 and share your Nikah Nama, CNIC/Passport, and address.
2. ALawyer24 prepares a Power of Attorney (Vakalatnama) for you.
3. Get it attested from the Pakistani Embassy or Consulate in your country.
4. Courier or scan the attested document to ALawyer24 in Pakistan.
5. The lawyer files your Khula case in the Family Court.
6. The court sends notice to the husband in Pakistan.
7. After a few hearings, the Khula Decree is issued (usually in 30–45 days).

ALawyer24 also assists in NADRA divorce registration and obtaining a certified decree copy for overseas use.

Khula by a Foreigner Married to a Pakistani Husband

If a foreign woman (non-Pakistani) is married to a Pakistani husband under Islamic Nikah and the marriage is registered in Pakistan, she can apply for Khula in a Pakistani Family Court.

Requirements:

• Marriage certificate (Nikah Nama) registered in Pakistan.
• Passport copy of the foreign wife.
• Power of Attorney (if she lives outside Pakistan).

ALawyer24 regularly represents foreign Muslim women from UK, USA, UAE, Malaysia, and Europe who want legal separation from their Pakistani husbands.

Power of Attorney for Khula from Abroad

If the wife cannot personally appear in Pakistan, she can give Power of Attorney to:

• A relative in Pakistan, or
• A lawyer from ALawyer24.

The Power of Attorney (Vakalatnama) must be:

1. Attested by the Pakistani Embassy in the country of residence, and
2. Countersigned by the Ministry of Foreign Affairs in Pakistan.

Once received, the lawyer files the case and attends all hearings. The wife can even attend via video call if required by the court.

ALawyer24 provides step-by-step guidance and draft documents for Embassy attestation.

Evidence Required for Khula

Khula cases are usually non-contested.
The wife is not required to prove cruelty or violence unless she wants to.
It is enough to declare that:

“I no longer wish to live with my husband due to irreconcilable differences.”

The court accepts this as sufficient under Section 10(4) of the Family Courts Act 1964.
ALawyer24’s lawyers help prepare a strong statement and affidavit for a smooth and fast Khula decree.

Khula Decree and NADRA Divorce Certificate

Once the Family Court accepts the request:

1. The court issues a Khula Decree (Dissolution of Marriage).
2. A certified copy is then sent to the Union Council.
3. The Union Council issues a NADRA Divorce Certificate after 90 days.

ALawyer24 ensures both the court decree and NADRA certificate are processed legally and safely — even if the client is abroad.

Khula with Child (Custody and Maintenance)

If the wife has children, Khula does not affect her right to custody.
Under Pakistani law:

• A mother usually gets custody of minor children.
• The father is responsible for child maintenance (nafaqah).

After Khula, the wife can file separate cases for:

• Child custody (Hizanat case)
• Child maintenance (Nafaqah case)

ALawyer24 assists mothers in both custody and maintenance cases along with the Khula petition.

Dower (Haq Mehr) in Case of Khula

In Islamic law, when a wife seeks Khula, she may return the Haq Mehr (dower) to the husband.
However:

• If the husband already took back the wife’s property, or
• Treated her with cruelty,
  then the court may waive the return of Haq Mehr.

Each case is different, and ALawyer24 provides expert legal advice based on Sharia and Pakistani law.

Gifts and Jahaiz (Dowry) in Khula

After Khula:

• Gifts given by the husband are not legally required to be returned.
• Jahaiz (dowry items), purchased by the wife’s family, remain her property and must be returned to her.

If the husband or in-laws refuse to return Jahaiz, ALawyer24 can file a recovery of dowry (Jahaiz) case along with the Khula proceedings.

Why Choose ALawyer24 for Khula Cases?

✅ Experienced family lawyers handling Khula, Divorce, and Custody cases across Pakistan.
✅ Fast-track legal processing for overseas Pakistanis (no need to travel).
✅ Power of Attorney preparation, Embassy attestation guidance, and complete court representation.
✅ Online consultation available via WhatsApp, Email, and Video call.
✅ 100% Confidential and Sharia-compliant services.

Frequently Asked Questions (FAQ) about Khula

Q1: Can I get Khula without my husband’s consent?
Yes, the court can grant Khula without the husband’s approval if the wife states valid reasons.

Q2: Can the husband challenge Khula?
 He can appear in court, but if reconciliation fails, the court may still issue Khula.

Q3: Can I apply for Khula while living abroad?
 Yes, through Power of Attorney or online process via ALawyer24.

Q4: How long does Khula take in Pakistan?
Generally 30–45 days if uncontested.

Q5: Can I remarry after Khula?
Yes, once you receive the Khula Decree and NADRA Divorce Certificate, you are legally single.

Q6: Is Khula valid under Sharia?
Yes, Khula is clearly permitted in Qur’an and Hadith.

Q7: What if my Nikah is registered in Pakistan but I live abroad?
You can still apply for Khula in Pakistan — ALawyer24 manages full documentation.

Q8: Can Khula be revoked?
Once finalized and registered with NADRA, Khula is irreversible.

Q9: What if my husband is missing or abroad?
The court will send a legal notice, and if he doesn’t appear, the court grants Khula ex parte.

Legal References

• Dissolution of Muslim Marriages Act, 1939
• Family Courts Act, 1964
• West Pakistan Family Courts Rules, 1965
• Pakistan Family Law Jurisprudence on Khula (PLD, SCMR citations)
• Quranic verses and Hadith on Khula (Surah Al-Baqarah 2:229)

ALawyer24 proudly provides Khula, Divorce, Child Custody, and Family Law Services from Pakistan to clients across USA, UK, Saudi Arabia, UAE, Canada, Australia, Bahrain, Malaysia, and Europe.

📞 WhatsApp Consultation: +923021117778