Online Khula for Overseas Pakistani and Foreign Nationals
In this article, we will make effort to provide professional guidance and a comprehensive set of knowledge to help you better understand the procedure and concept of Online Khula for overseas Pakistan and foreign national wife married to a Pakistani husband.
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What Is Khula?
Khula is a legal process that allows Muslim women to seek dissolution of marriage under certain conditions, typically when the wife refuses to live with her husband within the prescribed limits of Islam.
“Khula means to lay down. “In law, it is the laying down by a husband of his right and authority over his wife.”
A khula divorce is virtually a divorce purchased by the wife from the husband for a price, and it is in this respect that khula differs from mubarat.”
Moonshee Buzul-ul-Raheem v. Luteefut-oon-Nissa (1861)8 M. I. A. 379, 395. Hed., 112-116; Baillie, 303 et seg.
The number of khula cases in Pakistan is increasing day by day; there could be several reasons for khula, but in every case, a woman must know her rights. Here is a guide on how an overseas wife files and processes Khula online in Pakistan while staying abroad, ultimately obtaining a decree of Khula from the Family Court and, afterward, a certificate of Khula from Union Counsel. At LEX we aim to provide every woman with the knowledge and understanding of their rights, fostering a sense of empowerment and autonomy in their decisions to dissolve their marriages.
Khula in Islam
The basic principle of khula comes from a verse in the Holy Quran. The interpretation is that if the wife does not want to continue in the marriage for legitimate reasons like she cannot continue her marriage within the prescribed limits of Allah Almighty, then she can return the dower (mahr) to the husband in compensation for divorce. This is called khula. The verse is reproduced here in Arabic, Urdu, and English translation.
ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَـٰٓئِكَ هُمُ ٱلظَّـٰلِمُونَ
یہ طلاقیں دو مرتبہ ہیں پھر یا تو اچھائی سے روکنا یا عمدگی کے ساتھ چھوڑ دینا ہے اور تمہیں حلال نہیں کہ تم نے انہیں جو دے دیا ہے اس میں سے کچھ بھی لو ہاں یہ اور بات ہے کہ دونوں کو اللہ کی حدیں قائم نہ رکھ سکنے کا خوف ہو اس لئے اگر تمہیں ڈر ہو کہ یہ دونوں اللہ کی حدیں قائم نہ رکھ سکیں گے تو عورت رہائی پانے کے لئے کچھ دے ڈالے ، اس میں دونوں پر گناہ نہیں یہ اللہ کی حدود ہیں خبردار ان سے آگے نہ بڑھنا اور جو لوگ اللہ کی حدوں سے تجاوز کر جائیں وہ ظالم ہیں ۔٢٢٩
“Divorce may be retracted twice, then the husband must retain ˹his wife˺ with honour or separate ˹from her˺ with grace. It is not lawful for husbands to take back anything of the dowry given to their wives, unless the couple fears not being able to keep within the limits of Allah. So if you fear they will not be able to keep within the limits of Allah, there is no blame if the wife compensates the husband to obtain divorce. These are the limits set by Allah, so do not transgress them. And whoever transgresses the limits of Allah, they are the ˹true˺ wrongdoers.” [al-Baqarah 2:229]
Surah Al-Baqarah – 229
Principles of Mahomedan Law by D. F Mulla Regarding Khula
According to Mahomedan Law by D.F. Mulla, In a divorce by khula, the wife initiates it. She agrees to provide some form of compensation or consideration in return for being released from the marriage. Whether the wife waives her dower or makes another financial arrangement in favour of the husband is decided mutually between them. Once the husband agrees to the khula, the divorce becomes effective and cannot be reversed. If the wife does not pay the agreed-upon compensation, the divorce still holds validity, but the husband has the right to take legal action to recover the amount she owes. The relevant section is reproduced here;
217. (1) A divorce by khula is a divorce with the Khula consent, and at the instance, of the wife, in which she gives, or agrees to give, a consideration to the husband for the release from the marriage tie. In such a case the terms of the bargain are matter of arrangement between the husband and the wife, and the wife may, as the consideration, release her dower and other rights, or make any other agreement for the benefit of the husband.
(2) The divorce by khula is complete and irrevocable from the moment the husband repudiates the wife.
(3) The non-payment by the wife of the consideration for a khula divorce does not invalidate the divorce, but the husband may sue the wife to recover the amount payable by her under the agreement.
Khula Under Pakistani Law
Definition:
The latest definition of Khula under the reported judgment cited as 2024 PLD 645 SC: Khula is a special right granted exclusively to women to dissolve a marriage, which men do not possess. After obtaining Khula, a woman can remarry the same man without the need for an intervening marriage (halala).
Recognition:
Pakistani legislation fully recognises and covers Khula and its related matters. Including but not limited to; the following enactments that deal with the Khula cases in Pakistan are;
- The Muslim Family Laws Ordinance, 1961
- West Pakistan Family Court Act, 1964
- Dissolution of Muslim Marriages Act, 1939
- The West Pakistan Family Courts Rules, 1965
Khula Laws in Pakistan
Section 8 of the Muslim Family Laws Ordinance, 1961, deals with the dissolution of marriage by means other than talaq, which includes Khula. A wife can dissolve her marriage by way of Khula. She can file a case under section 7 of the West Pakistan Family Court Act, 1964. A Family Court of jurisdiction has the power to adjudicate upon the matter, and the Court will assume its jurisdiction under Section 5 and Item no.1 of Schedule I of the Family Court Act, 1964.
Online Khula for Overseas Pakistani Wives or Foreign Nationals
If you’re an overseas Pakistani wife or a foreign national wife married to a Pakistani husband, and your Nikah is registered in Pakistan. In that case, you can apply for Khula online without coming to Pakistan physically.
How Online Khula Works?
Pakistan’s legal system has provisions to assist wives living abroad who seek Khula. Here’s how the process works: you, as the wife, can assign a representative in Pakistan through a Special Power of Attorney, who will then initiate the Khula proceedings on your behalf. The E-Court System also allows you to give your statement via video call.
Khula Through Special Power of Attorney
The ‘Special Power of Attorney’ is a tool for overseas Pakistani wives or foreign nationals seeking online Khula. This document empowers the wife to assign an individual, such as a family member, friend, or lawyer, to represent her in Pakistan.
This means a wife can initiate and manage the Khula case online while staying abroad, under the provisions of the Attorney Act 1882 and Contract Act 1872, without physically needing to be present in Pakistan.
Learn more about “How to make and execute a Special Power of Attorney?”
Online Khula Using E-Court System:
Alternate to the need for the wife to appear before the court in person, the courts now facilitate the litigants and offer an electronic court system known as the E-Court System; in this system, where the person is unable to appear physically in court, his/her statement or evidence will be recorded through video call.
This system facilitates the wife to give her statement through video calling or any other electronic means allowed or preferred by the Court. The E-Court System is almost available in all districts of Pakistan.
Conditions to Initiate a Khula Case
- Free Will: The wife must express her genuine will and consent, free from coercion and undue influence, to seek Khula from her husband. Her free will is necessary, and pressure from parents or relatives must not be present.
- Determined not to live with the husband: It is a settled law that marriage should be dissolved based on Khula when the wife is not determined to live with the husband without any fault on the part of the husband. (Ref. 2014 YLR 1743).
- No need to prove aversion or hatred: A wife does not have to explain why she has developed hatred aversion for her husband or why she does not want to live with the husband. No logical reason is required to prove it. It is enough to say that she does not want to live with her husband. It can be observed in the judgment reported as 2003 MLD 1120 A wife cannot be compelled to live with her husband without her consent. In claiming Khula (dissolution of marriage), she doesn’t need to provide extensive reasons; her intense hatred or fixed aversion toward her husband is sufficient.
In essence, the Khula process is straightforward and clear. If a wife decides she no longer wishes to live with her husband, she cannot be compelled to stay. The dissolution of marriage does not require a stringent logical reason.
Grounds of Dissolution of Marriage by Wife
The Dissolution of Muslim Marriages Act of 1939 clarifies the grounds for the dissolution of marriage and consolidates the rules of Muslim law concerning women’s right to file for dissolution of marriage under Muslim law and addresses any doubts about how a Muslim woman’s renunciation of Islam affects her marriage. under the Act, a Muslim woman can file for dissolution of marriage based on the following reasons:
- Husband’s Disappearance: If the husband’s whereabouts have been unknown for four years, the wife can seek a divorce.
- Neglecting Maintenance: If the husband has failed to provide financial support for two years, the wife can ask for a divorce.
- Additional Wife: If the husband takes another wife without following the rules of the Muslim Family Laws Ordinance, 1961, i.e., permission from existing wife(s), the wife can seek a divorce.
- Imprisonment: If the husband has been sentenced to seven or more years in prison, the wife can file for a divorce.
- Failure to Fulfill Marital Duties: If the husband has failed to meet his marital obligations for three years without a valid reason, the wife can seek a divorce.
- Impotence: If the husband was impotent at the time of marriage and continues to be so, the wife has a right to divorce.
- Mental Illness or Serious Disease: If the husband has been mentally ill for two years or suffers from leprosy or a serious contagious disease, the wife can file for divorce.
- Marriage Before Age 16: If a girl was married by her guardian before she turned 16, she can repudiate the marriage before she turns 18, provided the marriage hasn’t been consummated.
- False Accusations (Lian or Laan): If the husband falsely accuses his wife of adultery (zina), she can file for divorce.
- Cruelty: If the husband is cruel, such as:
- Regularly abusing and making her life miserable.
- Associated with bad company or leading an immoral life.
- Forcing her into immoral activities.
- Taking away her property or denying her legal rights over it.
- Preventing her from practicing her religion.
- Treating her unfairly if
11. Other Valid Grounds: Any other valid reason recognized under Muslim law can also be a ground for divorce.
Documents Required to File a Khula Case
- Copy of CNIC or Passport.
- Copy of Nikahnama
- Copy of Marriage Certificate
- Duly attested Special Power of Attorney
What if the Wife Do Not Have Nikahnama or a Marriage Certificate?
- Even if the wife does not have the original Nikahnama or original marriage registration certificate, she can still apply for Khula using a copy only.
- In a scenario where the wife has no written proof of marriage, an affidavit on oath by the wife is required stating that the nikahnama is unavailable.
- If no written proof of marriage is in place, the statement of two witnesses of Nikah may be required to prove the existence of Nikah.
Khula During Pregnancy
A wife can apply for Khula during pregnancy by filing a case in family court. However, the divorce will not take effect immediately during the pregnancy. The Khula will only be finalised and legally effective after the delivery of the child.
What if Husband Does Not Agree to Khula?
The husband’s consent in the case of Khula is irrelevant. Whether the husband agrees or not does not affect the fate of the case for dissolution of marriage on the basis of khula. However, if the husband contests the case, the Court will grant him an opportunity to mend his marital relationship amicably and try to reconcile. However, if the wife still refuses to live with the husband, the Court will do nothing but grant Khula.
Relevant Sections of West Pakistan Family Court Act, 1964
Mainly these 7 steps are included in a case of dissolution of marriage by way of Khula:
- Institution of suit (Section 7)
- Intimation to the defendant (Section 8 )
- Written statement that may incude claim for restitution (Section 9)
- Pre-trial proceedings and immediate decree for dissolution (Section 10)
- Recording of evidence (Section11)
- Conclusion of trial with judgment and decree (Section12)
- Intimation to Arbitration Council upon decree for dissolution (Section21B)
Online Khula Process in Pakistan
Filing a Suit for Dissolution of Marriage on the Basis of Khula (Section 7)
A plaint for dissolution of marriage will be filed in the Family Court, which has jurisdiction. The plaint may include claims related to dowry, wife’s maintenance, dower, personal property, the wife’s belongings, custody of children, guardianship, and visitation rights of parents.
Intimation to Defendant (Section 8) – The Khula Notice
Upon wife’s case submission, the Family Court sends the husband a summon, usually known as khula notice in Pakistan, requiring him to appear in person or through counsel and submit a written statement.
Non-appearance of Defendant/Husband:
Suppose the defendant/husband fails to appear before the court. In that case, the court shall proceed ex parte against him and directly move to record evidence, bypassing the steps of a written statement and pretrial proceedings. After recording evidence, the court will pass an ex parte decree in favour of the plaintiff/wife and dissolve the marriage.
Written Statement by Defendant (Section 9)
After receiving the summons, if the defendant appears before the court, he must file a written statement and list of witnesses on the date fixed by the court. A husband may claim restitution of conjugal rights in his written statement, which will be treated as a plaint. Restitution of conjugal rights may empower the stance of carrying forward the matrimonial relationship of husband and wife. It may also lead the wife to forgo her maintenance till the date of the decree if the wife demands maintenance in suit for Khula.
Pre-trial Proceedings (Section 10)
The court will fix a date for a pre-trial hearing to examine the case and attempt reconciliation between the parties.
- If reconciliation Fails:
Suppose reconciliation fails in a suit for dissolution of marriage. In that case, the court shall immediately pass a decree for dissolution of marriage, and the court may direct the plaintiff/wife to surrender up to 50% of her deferred dower up to 25% of her admitted prompt dower to the husband as the case may be. The same can be observed in the judgment reported as 2024 SCMR 634 and 2023 SCMR 1394.
- If reconciliation Succeeds:
Suppose the reconciliation attempt succeeds and the parties agree to a compromise or conciliation effected between them. In that case, the Court shall pass a decree or give the decision in the suit in terms of the compromise or conciliation agreed to between the parties, as the case may be.
Recording of Evidence (Section 11)
As discussed in the summoning of witnesses, if the defendant fails to appear, then the Family Court will record the statements of the plaintiff, the defendant, and their respective witnesses (if any).
Judgment and Decree (Section 12)
After the evidence, the court will again make another effort for compromise or reconciliation within 15 days, and if that fails, the Court will pass judgment and give a decree.
In case of an exparte decree(one-sided), the court sends a copy of the decree to the husband’s address at the wife’s cost within three days.
Notification to Arbitration Council (Section 21B)
Decree Notification: If and when a Family Court decrees the dissolution of a Muslim marriage, it sends an attested copy of the decree to the concerned Chairman or Secretary of the Union Council within three days.
Khula Certificate From Union Council Online
After the decree is issued and submitted to the Arbitration Council, the council will proceed with its function and send three notices/summons to the parties to give them a chance to reconcile. After the lapse of 90 days, the Union Council makes another effort for reconciliation. The Union Council then issues an effectiveness certificate from NADRA. After obtaining this, the parties can then remarry if they wish to by showing the effectiveness certificate.
Iddat After Khula
Iddat is a mandatory period to ensure that no pregnancy exists from the former husband. After khula or any other mode of dissolution of marriage, the period of Iddat is 90 days. This requires the wife to complete three menstrual cycles that typically end within 90 days to confirm the absence of pregnancy.
Return of Dower (Haq Meher)
If the wife dissolves the marriage by way of khula, she may have to waive or relinquish up to 50% of the unpaid dower (ghair muajjal haq meher) and return up to 25% of the prompt dower (muajjal haq meher) she has already received, as per Section 10(5) of the Family Courts Act, 1964.
However, if the marriage is dissolved on the grounds mentioned in Section 2 of the Dissolution of Muslim Marriages Act, 1939, the wife is not required to return or relinquish any part of the dower. Instead, she is entitled to claim her full dower (haq meher) as per Section 5 of the same Act
Appeal Against Khula
No appeal can be made against decree of dissolution of marriage by way of khula.
If the marriage is dissolved on the grounds of cruelty under Section 2, item vii, clause (a) of the Dissolution of Muslim Marriages Act, 1939, including abuse, immoral conduct, or denying the wife her legal rights, the decree of dissolution becomes appealable.
Other Modes of Dissolution of Marriage
- Talaaq-i-Tafweez (Delegated Divorce): In this form of divorce, the husband delegates the right to divorce to his wife in their marriage contract (Nikahnama). The wife can exercise this right if necessary. In Pakistan this power is delegated vide clause 18 of Nikahnama.
- Mubarat: This is a mutual divorce in which both husband and wife agree to part ways. It involves mutual consent, and all marital rights and obligations end upon dissolution.
- Divorce-Talaq by husband: The husband had the absolute right initiate a divorce without needing the wife’s consent. This meant that the husband could unilaterally end the marriage.
Difference Between Khula and Mubarat
The table below will help to understand the basic difference between Khula and Mubarat (talaq-e-Mubarat).
| Khula | Mubarat |
|---|---|
|
Khula is initiated by Wife. |
With the mutual consent of both husband and wife. |
|
Wife seeks dissolution of marriage through family court. |
Do not need court’s intervention. |
|
No need of consent of husband |
Consent of both spouses is required. |
|
Wife has to waive of deffered dower and has to return received dower. |
No financial settlement required. |
|
Needs judicial approval and evidence. |
It requires only mutual agreement |
|
The court encourages amicable resolution and settlement through mediation. |
Generally more straightforward, without mandatory mediation. |
|
The cost of khula may include legal fees of court and engaging counsel. |
The cost of divorce by mutual agreement may only include the stamp paper fee. |
Difference Between Khula and Divorce
The table below will help to understand the basic difference between Khula and Divorce.
| Khula | Divorce |
|---|---|
|
Khula is initiated by Wife. |
Divorce is initiated by Husband. |
|
Wife seeks dissolution of marriage through family court. |
Husband pronounces divorce unilaterally without court intervention. |
|
Court involvement is necessary to grant Khula. After that, the Union Council issues a NADRA Divorce certificate. |
It directly goes to the Union Council to issue the NADRA divorce certificate. Court involvement is not required unless there is a dispute. |
|
Based on the wife’s dissatisfaction, inability or unwillingness to live within the marriage limits set by Allah. |
Based on the husband’s unilateral decision to end the marriage for any reason whatsoever. |
|
Needs judicial approval and evidence. |
It requires only the husband’s pronouncement. |
|
The husband may not have to pay the dower (mahr) if granted. |
The husband must pay the dower (mahr) and any due maintenance. |
|
The court encourages amicable resolution and settlement through mediation. |
Generally more straightforward, without mandatory mediation. |
|
If reconciliation efforts fail, it is considered as a last resort. |
It can be issued at the husband’s discretion. |
|
The cost of this process may include legal fees of court and engaging counsel. |
The cost of divorce in Pakistan may only include the stamp paper fee and newspaper publication fee. |
Conclusion
A wife can start the Khula process without needing her husband’s consent. The wife files a suit in the Family Court, and the court proceeds with the case and attempts reconciliation. If reconciliation fails, the court moves forward and passes the decree of dissolution of marriage. The decree goes to the Union Council, and it takes about 90 days to issue a khula certificate from Union Council. These 90 days are counted as Iddah. Khula is a right for women that allows them to free themselves from a hateful union, tearing down the walls of backward customs and practices.
M/s Legally-Ethically-Expertly (LEX), a leading law firm with experienced lawyers, provides this article’s information for public awareness through our website, lex.com.pk. We strive to provide valuable insights to the general public for awareness but do not regard this content as legal advice. However, for personalised guidance or assistance with legal matters, we encourage our valued readers to contact our expert family lawyers in Pakistan by calling or WhatsApp at +92-310-8888539 or emailing info@lex.com.pk. We are here to assist with tailored solutions.
Frequently Asked Legal Questions
Q1: What is Khula?
Q2: How to apply for Khula in Pakistan?
Q3: Can I file an online Khula application in Pakistan?
Q4: How long does Khula take in pakistan?
Q5: Can I claim haq mehr after khula?
Q6: Can I file KHULA BEFORE RUKHSATI?
Q7: How to get khula papers in Pakistan?
Q8: What is the child custody law in Pakistan after Khula?
Q9: Is khula decree and khula nama same?
Q10. What if husband does not agree to khula?
Q11: What are the khula fees in Pakistan?
Q12. What is the next step after obtaining a decree of dissolution of marriage from a family court?
Q13. What is the Iddah period, and why is it mandatory?
Q14. Is a woman eligible for maintenance during the Iddah period?
Q15. Can an overseas Pakistani or a foreign national wife married to a Pakistani husband file a case for Khula in Pakistan?
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Note:
While we strive to provide accurate information, please note that the details in this article may contain human errors and are not meant to serve as legal opinion or advice. This content is purely for informational purposes. If you have a specific legal query or need further clarification, we warmly invite our valued readers to reach out to us by calling or WhatsApp at +92-310-8888539, or email at info@lex.com.pk. We are here to assist with tailored solutions.
