Documents Required for Filing Khula in Pakistan
A khula suit in Karachi is filed in the Family Court under the West Pakistan Family Courts Act, 1964. Under section 7 the plaint must state the material facts and be filed with a list of witnesses and copies of the documents relied on. In practice you need the Nikah Nama (or a certified Union Council copy), both CNICs, children's Form-B if custody or maintenance is claimed, proof of where you live (Rule 6 of the Family Court Rules, 1965 lets a wife sue where she ordinarily resides), and records of dower and dowry. The husband's consent is not required.
Delays in khula cases come more often from documentation gaps than from the legal merits. A Family Court in Karachi will accept a plaint only in the form the West Pakistan Family Courts Act, 1964 requires, and every claim joined to the suit (dower, maintenance, dowry articles, custody) needs its own paper trail. This guide sets out what to collect, why the court needs it, and what to do when a document is missing.
The legal basis: what the Family Courts Act requires
Section 5 and the Schedule to the West Pakistan Family Courts Act, 1964 give the Family Court exclusive jurisdiction over dissolution of marriage (including khula), dower, maintenance, dowry, custody and guardianship. Section 7 governs the plaint: it must contain all material facts relating to the dispute and must be accompanied by a list of the witnesses the plaintiff intends to produce and copies of the documents she relies on, with enough copies for each defendant. A document left off the list can still be produced later only with the court's permission, so getting the list right at filing matters.
The ground matters too. In Ibrahim Khan v. Mst. Saima Khan (C.P. No. 4657 of 2022, Supreme Court of Pakistan, judgment of 15 February 2024), the Supreme Court held that the right to seek khula is the woman's own, that she must express it in unambiguous terms, and that a court cannot grant khula that she has not explicitly asked for. The court relied on Khurshid Bibi v. Muhammad Amin (PLD 1967 SC 97). The practical consequence for documents is simple: the plaint must say clearly whether you seek khula, dissolution on a ground under the Dissolution of Muslim Marriages Act, 1939, or both in the alternative, and your evidence should match that choice.
Core documents for every khula suit
- Nikah Nama. The original, or a certified copy from the Union Council where the marriage was registered under section 5 of the Muslim Family Laws Ordinance, 1961. Check columns 13 to 16 (dower: amount, prompt or deferred, paid at the time of marriage, property given in lieu) and column 18 (delegated right of divorce), because these decide the financial side of the case.
- NADRA Marriage Registration Certificate, if one was issued. It helps where the Nikah Nama is hard to read or its entries are disputed.
- CNIC of the wife, and the husband's CNIC number and last known address if you have them. A correct address avoids repeated summons.
- Proof of residence. A utility bill, tenancy agreement or CNIC address. Rule 6 of the West Pakistan Family Court Rules, 1965 lets a wife file a suit for dissolution of marriage or dower in the court where she ordinarily resides, so a woman living with her parents in Gulshan can sue in Karachi East even if the marital home was elsewhere.
- Recent passport-size photographs and attested copies for the vakalatnama and the court file.
Documents for claims joined to the suit
Since the 2002 amendments, the 1964 Act allows a suit for dissolution of marriage to include claims for dower, maintenance, dowry, personal property and belongings, custody of children and visitation in one plaint. Each joined claim needs its own support.
Dower (haq mehr)
Gather anything that shows what was agreed and what was actually received: the Nikah Nama entries, gift deeds, transfer papers or allotment letters for property given as dower, and receipts or photographs for gold. Under the proviso to section 10(4), as the Act applies in Sindh, when reconciliation fails in a khula suit the court restores to the husband the dower the wife received in consideration of marriage at the time of marriage. The 50 per cent and 25 per cent deferred-dower formula sometimes quoted online comes from Punjab's 2015 amendment and is not the law in Sindh. Clear records of what was received, and when, decide how much (if anything) has to be returned. See our guide on recovering haq mehr.
Dowry articles and personal belongings
A dowry list signed at the time of the wedding is the strongest evidence. Purchase receipts, photographs of the jahez and witnesses who saw it delivered help when no signed list exists. The Dowry and Bridal Gifts (Restriction) Act, 1976 treats dowry as the bride's property, but the court still needs proof of what was given.
Maintenance for the wife and children
Bring evidence of the husband's income or lifestyle (salary slips, business details, property, vehicles, bank statements you lawfully hold) and of household and school expenses. Section 17-A of the 1964 Act requires the Family Court to fix interim maintenance at the first appearance of the defendant, and figures supported by documents carry more weight. Our maintenance (nafqa) guide explains the claim.
Custody and children
For each child: Form-B or birth certificate, school enrolment and fee records, and medical records where health is relevant. Custody itself is decided under the Guardians and Wards Act, 1890 in the Guardian Court, which in Karachi is usually the same Family Court judge; a custody application can be filed alongside. See child custody in the Guardian Court.
Evidence of the breakdown
For a pure khula suit, the wife does not have to prove fault. The Supreme Court in Ibrahim Khan described khula as release from the marriage that a woman can seek by agreeing to give up dower, without levelling allegations against the husband. Her firm statement that she cannot live with him within the limits prescribed by Allah is the core of the case.
If you also plead a ground under section 2 of the Dissolution of Muslim Marriages Act, 1939 (cruelty, failure to maintain for two years, a second marriage without Arbitration Council permission, desertion), the position changes: that ground must be proved by evidence, but if it succeeds the decree does not cost you your dower, because section 5 of that Act preserves it. Useful records include medical reports, police or panchayat complaints, messages and emails, proof of a second marriage, and evidence of non-payment of maintenance. Keep originals safe and bring printed copies with dates.
Overseas wives: power of attorney and evidence
A wife living abroad can file through an attorney in Pakistan. The power of attorney should be executed before a Pakistani embassy or consulate (or notarised and apostilled where the country is party to the Apostille Convention, which Pakistan joined in 2023) and then presented with a copy of her passport and CNIC or NICOP. Her own statement on oath remains the central evidence, so plan early for how she will give it: in person during a visit, or by video link where the court allows it. Our guide on filing for khula from abroad covers this in detail.
Step by step: assembling the file
- Collect the Nikah Nama first. If the original is lost, apply to the Union Council (or the Nikah Registrar) for a certified copy. In Karachi the local body is now usually called a Union Committee; NADRA records are searched with the CNIC.
- Decide the route. Khula only, a Dissolution of Muslim Marriages Act ground only, or both in the alternative. The choice decides what evidence you need and what happens to dower.
- List the joined claims (dower, dowry, maintenance, custody) and gather the documents for each.
- Prepare the witness list required by section 7, with names and addresses, and the schedule of documents.
- Check the address for service of the husband, including any overseas address; summons under section 8 can also go by registered post and other modes the court directs.
- File in the right court. Karachi South, East, Central and West family suits are filed at the City Courts; Malir (including Bahria Town and Gadap) at the Malir Courts.
The khula court procedure guide explains what happens after filing, hearing by hearing.
What has changed recently
- The route must be pleaded clearly. Following Ibrahim Khan (2024), the Supreme Court in January 2026, as reported by Dawn, set aside concurrent khula decrees where the wife had sued for dissolution on a statutory ground and had not clearly sought khula, and awarded her full dower. Courts should not convert a divorce claim into khula on their own. The plaint and supporting documents should say exactly what relief is sought.
- Psychological cruelty is recognised. In October 2025 the Supreme Court (Ayesha A. Malik, J.), as reported, held that mental and emotional abuse can amount to cruelty under the 1939 Act and that a family court should not insist on documentary or medical proof alone. Messages, witnesses and a consistent statement can be enough to prove the ground.
- Civil court changes do not affect family suits. The Sindh Civil Courts (Amendment) Act, 2025 moved ordinary civil suits from the High Court's original side to the district courts; family suits were already in the Family Courts and are unchanged.
The reported 2025 and 2026 judgments are taken from press reports; we cite only the 2024 judgment from the Supreme Court's published text, and the precise citations of the later decisions should be checked when they are reported.
Common documentation mistakes
- Filing with a photocopy of the Nikah Nama whose dower columns are illegible.
- Leaving the dower, dowry or custody claim out of the plaint and having to file a second suit later.
- Giving an old address for the husband, which leads to months of failed service.
- Producing screenshots without dates or the phone they came from.
- Relying on Punjab rules or online figures that do not apply in Sindh.
Our advice
We review the documents before filing, not after a hearing exposes a gap. A short review at the start usually saves months of avoidable adjournments. For how khula compares with talaq and mubarat, see khula vs talaq vs mubarat, and for our family work generally, the divorce and khula practice page.
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Common questions
What documents do I need to file for khula in Karachi?
The Nikah Nama (original or a certified Union Council copy), your CNIC, your husband's CNIC number and address if known, proof of where you live, and records of dower and dowry. If you claim custody or maintenance, add the children's Form-B, school records and evidence of expenses. Section 7 of the West Pakistan Family Courts Act, 1964 requires a list of witnesses and copies of the documents relied on to be filed with the plaint.
Can I file for khula without the original Nikah Nama?
Yes. A certified copy from the Union Council where the marriage was registered, or a NADRA Marriage Registration Certificate, is normally accepted. If neither can be traced, the marriage can be proved by witnesses and other evidence, but this adds time, so start the search before filing.
Which court in Karachi should I file in?
Under Rule 6 of the West Pakistan Family Court Rules, 1965, a wife can file a suit for dissolution of marriage or dower in the Family Court where she ordinarily resides, as well as where the cause of action arose. Districts South, East, Central and West file at the City Courts; Malir, including Bahria Town, at the Malir Courts.
Do I need my husband's consent or signature?
No. Khula is granted by the Family Court. The Supreme Court in Ibrahim Khan v. Mst. Saima Khan (C.P. 4657/2022, 15 February 2024) described it as the woman's own right, which she must express clearly. The husband is summoned and may contest, but his consent is not a document you need.
Do I need proof of cruelty for khula?
Not for khula itself. You need proof only if you also plead a ground under the Dissolution of Muslim Marriages Act, 1939, such as cruelty or failure to maintain. That route needs evidence but preserves your dower under section 5 of the 1939 Act.
What does an overseas wife need to send?
A power of attorney executed at a Pakistani mission (or notarised and apostilled), a copy of her passport and CNIC or NICOP, the Nikah Nama and dower records. Her own statement on oath is still required, either during a visit or by video link if the court permits.
Will I have to return dower I received?
In Sindh, under the proviso to section 10(4) of the 1964 Act, the court restores to the husband the dower received at the time of marriage when it decrees khula. Punjab's 2015 deferred-dower formula does not apply in Sindh. Bring records of exactly what was received and when.
This article is general information about Pakistani law and procedure, not legal advice for any specific matter. If this touches on something you're currently facing, get in touch and we'll advise on your facts directly.