Divorce Law in Pakistan
husband and wife cannot live happily together within the limits
prescribed by Allah Almighty then they can dissolve their
marriage through divorce or khula.
husband can pronounce divorce and khula is the right of a wife in
Islam to seek dissolution of marriage from her husband through
intervention of the court.
Grounds of Khula:
of husband not known for four years.
neglected or failed to provide maintenance.
sentenced to imprisonment for a period of seven years or
failed to perform marital obligations for a period of three
impotent at the time of marriage.
been insane for two years.
married when she was minor.
treats with cruelty.
an infamous life.
attempts to force her immoral life.
form of leprosy.
disposes of her property.
in observance of her religious practice.
cannot live with the husband within the limitation imposed by
the Almighty Allah.
Procedure of Khula:
When the wife files a
suit for dissolution of marriage, the court issue notices to
the husband and if he fails to appear before the court then the
court orders for the posting and publication. If the husband
also fails to appear before the court after the due process of
affixation and publication in newspaper, the court can proceed
with the case ex-parte and pass a decree.
case the husband or his representative appear before the court,
he is required to file a written statement then the court fix a
date for pre-trial proceedings for reconciliation. If
reconciliation fails, court will pass a decree for dissolution
Role of Union Council in Khula:
obtaining Khula decree from the court you need to file an
application before the Chairman
Arbitration Council /
Union Council of
your jurisdiction for obtaining dissolution of marriage
The Chairman arbitration issue three notices to the husband for
reconciliation. If husband fails to appear after three notices,
the chairman arbitration council issued dissolution of marriage
Place where case of
khula can be filed:,
The wife can
file her case of khula where she ordinarily resides.
Procedure of filing
divorce case by Overseas Pakistanis:
Pakistani can also file her case khula without coming to
Pakistan but for that her marriage should be registered
in Pakistan, she can appoint someone through Special Power
of Attorney who
will represent her on her behalf in the court.
Custody of Minors, Maintenance and Recovery of Dower and Dowry
Case for the Custody of Minors, Maintenance of Minors and wife
and Recovery of Dower and Dowry Articles can also be filed with
the case of dissolution marriage / khula. For the purpose of
strengthen the case of Recovery of Dowry Articles, a List of
Dowry Articles with serial Numbers and Prices along with
receipts are necessary.