Dissolution of Muslim Marriages Act 1939 Judicial khula may also be granted without the husband's consent if the wife is willing to forgo her financial rights.

There are certain Grounds for Judicial Divorce on which women may seek ‘Khula’; however, these must be established before a suit can be decided in her favour by granting with a certificate of dissolution of marriage on the basis of ‘Khula’.

The Grounds on which a woman may seek ‘Khula’ include:

• Ø Desertion by husband for four years; 

• Ø Failure to provide maintenance for two years; 

• Ø Husband contracting a polygamous marriage in contravention of established legal procedures; 

• Ø Husband's imprisonment for seven years; 

• Ø Husband's failure to perform marital obligations for three years; 

• Ø Husband's continued impotence from the time of the marriage; 

• Ø Husband's insanity for two years or his serious illness; 

• Ø Husband is associated with women of evil repute; 

• Ø Wife's exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated); 

• Ø Husband's cruelty (including physical or other mistreatment, unequal treatment of co-wives); 

• Ø Husband attempts to force the wife to lead an immoral life; 

• Ø Husband dispossesses the wife from the own property; 

• Ø Husband obstructs the wife from practicing religion; 

• Ø Any other ground recognized as valid for the dissolution of marriage under Muslim Law.

After hearing the case, the Family Court will issue decree and send notification to the Chairman Arbitration Council or Union Council, which proceeds as if it received the notice of ‘Talaq’ and once the ‘Iddat period’ over the ‘Khula’, becomes effective. At the time of filing of ‘Khula’ suit, the wife usually has to return ‘Haq -Mehr’ (Dower) and other benefits received from husband as ‘Zar-i-Khula’. Gifts received from husband’s family do not have to be returned as it is decided by the Court as to how much and what is to be returned on the facts of the case. Wife’s failure to pay Zar-i-Khula does not render khula ineffective; husband has to file separate suit for recovery of zar-i-khula.

It is a common practice that the delegated right of divorce is deleted before the Nikkahnama is presented to the bride for signatures. The Law of Pakistan entitles a woman to exercise the right of divorce as oppose to filing for ‘Khula’ before a Family Court but as a common practice, the marriage contract is prepared in advance and only signatures of the bride are obtained on the Nikkahnama, which defeats the purpose of the legislation.

Procedure: 

→ 1. The wife swears an oath (Rupee affidavit) on the grounds that she feels she can no longer live with her husband 'within the limits prescribed by Allah'. 

→ 2. She sends the notice of divorce to the Family Court by registered post. At this point, she must usually return any dowry (Haq-Mehr) paid. 

→ 3. The Family Court will issue the initial decree after hearing both parties and send the notification to the Chairman of the Arbitration Council or Union Council. 

→ 4. The 90-day reconciliation/Iddat period starts when the Union Council receives the notification. 

→ 5. After the reconciliation period is over, the Union Council will issue Talaq-Nama (Certificate of Divorce) making the divorce effective. This certificate will be signed by the Union Council Chairman or Secretary. 

Source(s):

• (39) Khula in Pakistan - Every thing You Need to Know | LinkedIn