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Legal Guide · Family Law

How to file khula in Pakistan, step by step

To file khula in Pakistan, the wife files a suit for dissolution of marriage in the Family Court where she ordinarily resides, with her nikahnama and CNIC. The court summons the husband and attempts reconciliation; if that fails, it decrees khula. The Union Council then issues an effectiveness certificate after 90 days.

Step by step

  1. 1

    Collect your documents

    Gather your CNIC, a copy of the nikahnama, your husband's address and details of any children, dower and dowry articles.

  2. 2

    File the suit in the Family Court

    Your advocate drafts and files the plaint in the Family Court of the area where you ordinarily reside.

  3. 3

    Serve the husband

    The court issues summons by registered post and courier, and orders newspaper publication if he cannot be served.

  4. 4

    Attend pre-trial reconciliation

    The judge tries to reconcile the parties. If reconciliation fails, the court passes the khula decree.

  5. 5

    Get the effectiveness certificate

    The decree goes to the Union Council, which issues the effectiveness certificate after 90 days.

  6. 6

    Update NADRA records

    Use the effectiveness certificate to register the divorce with NADRA and update your marital status.

What khula is

Khula is a divorce at the wife’s initiative, granted by the Family Court. The wife does not need the husband’s agreement. Under section 10(4) of the Family Courts Act, 1964, when reconciliation fails at the pre-trial stage, the court passes a decree for dissolution of marriage.

Which court has jurisdiction

You file in the Family Court for the area where you ordinarily reside. A woman living in Islamabad files in Islamabad even if her husband lives in Lahore or abroad.

What happens to the haq mehr

The court may direct the wife to return all or part of the dower and benefits received from the husband. Deferred dower that was never paid is commonly given up in khula, but the outcome depends on the facts and the order.

After the decree

The Family Court sends a copy of the decree to the Union Council. The Union Council treats it as a notice of talaq under the Muslim Family Laws Ordinance, 1961, and issues the effectiveness certificate after 90 days. That certificate is what NADRA and foreign authorities ask for.

Filing from abroad

A woman living in the UK, UAE, Saudi Arabia, the USA or Canada can file through a special power of attorney signed at a Pakistan embassy or consulate. The court may still require her to appear at some stages.

Frequently asked questions

How long does khula take in Pakistan?

Uncontested cases are often decreed within a few months of filing. Add 90 days for the Union Council's effectiveness certificate. Contested cases and service delays take longer.

Can khula be filed online?

The suit is filed in court through an advocate. Women abroad can file through a special power of attorney, so they do not need to travel for the filing.

Consultation

Talk to an advocate about your matter

In-office, phone or video consultations. Overseas clients are briefed on WhatsApp in their own time zone.

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