Divorce & Khula

Khula Court Procedure in Pakistan: What Actually Happens at Each Hearing

یہ رہنما اردو میں پڑھیں

We cover the grounds for khula in a separate guide. This one is about the mechanics: what a wife pursuing khula in Karachi should expect at each stage once the suit is filed, which section of the West Pakistan Family Courts Act, 1964 governs that stage, and where delay usually happens.

Which law and which court

The Family Court has exclusive jurisdiction over dissolution of marriage, including khula, under section 5 and the Schedule to the 1964 Act. Sindh applies the Act with its own amendments; it has not adopted Punjab's 2015 changes, so Punjab rules on dower deductions and procedure are not applicable here. Under Rule 6 of the West Pakistan Family Court Rules, 1965, a wife may sue for dissolution of marriage in the court where she ordinarily resides. In Karachi, suits from Districts South, East, Central and West are filed at the City Courts and suits from District Malir, including Bahria Town, at the Malir Courts.

Stage 1: Filing the plaint (section 7)

The plaint sets out the marriage, the breakdown and the relief sought, and must be filed with a list of witnesses and copies of the documents relied on. Since the 2002 amendments, the same plaint can also claim dower, maintenance, dowry articles and custody, which avoids a second round of litigation. Our documents checklist lists what to collect.

The prayer must be precise. In Ibrahim Khan v. Mst. Saima Khan (C.P. No. 4657 of 2022, judgment of 15 February 2024), the Supreme Court held that khula is the woman's exclusive right, that she must ask for it in unambiguous terms, and that a court cannot grant khula she has not explicitly sought. If you also rely on a ground under section 2 of the Dissolution of Muslim Marriages Act, 1939 (cruelty, non-maintenance, a second marriage without permission), plead it separately or in the alternative.

Stage 2: Summons and service (section 8)

The court issues summons to the husband, together with copies of the plaint and documents. Service is attempted through the court's process, by registered post or courier, and where needed by publication in a newspaper. For a husband abroad, the court can direct service at his foreign address and through other means it considers effective. Wrong or old addresses are the most common cause of early delay, so give every address you have.

Stage 3: Appearance and written statement (section 9)

The husband appears and may file a written statement with his own list of witnesses and documents. He can contest the facts, the dower or the custody claims, but he cannot block the khula by refusing consent. If he does not appear despite service, the court can proceed against him ex parte and pass a decree; an ex parte decree can be challenged by application within the limited time the Act allows if he shows he was not duly served or had sufficient cause. See contested khula cases for what changes when he opposes.

Stage 4: Pre-trial reconciliation (section 10)

Once the written statement is in, the court fixes a pre-trial hearing. It ascertains the points in dispute and attempts to reconcile the parties. Both usually appear in person. This is a real step, but it rarely reverses a case where the wife's position is firm.

The key provision for khula is the proviso to section 10(4). As it applies in Sindh, if reconciliation fails in a suit for dissolution of marriage, the Family Court shall pass a decree for dissolution forthwith and shall restore to the husband the haq mehr received by the wife in consideration of marriage at the time of marriage. The Supreme Court in Ibrahim Khan (para 11) confirmed that in khula the court is bound to pass the decree immediately once pre-trial reconciliation fails, whereas a decree on a ground under the 1939 Act can only follow the recording of evidence under section 11.

Stage 5: The decree and the dower question

In a pure khula suit the decree normally follows at the pre-trial stage. What the wife returns depends on what she actually received at the time of marriage, not on unpaid deferred dower; the 50 per cent and 25 per cent deferred-dower formula found online is Punjab law and does not apply in Sindh. Whether unpaid dower can still be recovered after a khula decree depends on the pleadings and the terms of the decree, and the decisions are not uniform, so this point should be treated as unsettled and addressed in the plaint. Our haq mehr guide explains the options.

Where the wife has pleaded a fault ground under the 1939 Act and wants to keep her dower, the court frames issues and records evidence (section 11) before deciding. That route is longer but, if proved, the decree does not affect her dower (section 5 of the 1939 Act).

Stage 6: Interim maintenance while the case runs (section 17-A)

Section 17-A requires the Family Court to fix interim monthly maintenance for the wife and children at the first appearance of the defendant. If the husband does not pay by the fourteenth of each month, the court may strike off his defence and decree the suit on the plaint. The Supreme Court confirmed the court's duty to fix interim maintenance in 2024 SCMR 1292. In Sindh the striking off is discretionary; the mandatory version is Punjab's 2015 amendment. An interim order cannot be appealed (section 14(3)). See the maintenance (nafqa) guide.

Stage 7: Custody and other joined claims

Claims for dower, dowry, maintenance and custody joined in the plaint continue after the dissolution decree and are decided on evidence. Custody is decided on the welfare of the child; the Supreme Court has held that custody cannot be bargained away as the price of khula (C.P. 4129/2019). See child custody in the Guardian Court.

Stage 8: Registration with the Union Council (section 21)

Under section 21 of the 1964 Act, the Family Court sends a certified copy of the decree dissolving a Muslim marriage to the Chairman of the Union Council concerned, who proceeds as if he had received a notice of talaq under the Muslim Family Laws Ordinance, 1961. The dissolution takes final effect when the statutory period runs, and the Union Council then issues the divorce certificate, after which NADRA records can be updated. When iddat and eligibility to remarry are counted can depend on the decree and the Union Council's handling, so take advice on your specific dates. See divorce registration and the Union Council.

Appeals

Section 14 restricts appeals. Under section 14(2)(a), no appeal lies against a decree for dissolution of marriage, whether by khula or on a ground under the 1939 Act, except where the dissolution is on the ground in section 2(viii)(d) of that Act (the High Court of Sindh explained the bar in Manzoor Ahmed v. Mst. Gunj Bibi, C.P. No. S-49 of 2021). Decrees on dower, dowry, maintenance and custody can be appealed within thirty days, subject to the limits in section 14 (to the District Court, or to the High Court where the Family Court is presided over by a District Judge). Constitutional petitions to the High Court of Sindh are available only in limited cases, not as a second appeal.

How long it takes

Section 12-A directs the Family Court to decide a case within six months of institution. An uncontested khula with good service can finish faster; contested cases with joined claims, ex parte challenges or service abroad take longer. The pace in Karachi depends on the court's docket and, above all, on how quickly the husband is served. We do not publish fee figures; timing is discussed in our khula timeline guide.

What to bring to each hearing

• Your CNIC and the original Nikah Nama (the court may ask to compare it with the copy on file).
• The cause list date and your case number, so you can find the court and confirm the hearing has not been moved.
• Proof of service on the husband, if your side is arranging publication or courier.
• At the pre-trial stage, be ready to state in person, calmly and consistently, that you cannot continue the marriage; this statement is what the decree rests on.
• For interim maintenance, a short note of monthly expenses for yourself and each child with supporting bills.

Arrive before the court starts calling cases. A missed call can mean an adjournment of several weeks, and repeated absence can lead to dismissal for non-prosecution, which then needs an application to restore the suit.

What has changed recently

• Courts must not convert a divorce suit into khula. In January 2026, as reported by Dawn, a Supreme Court bench headed by the Chief Justice set aside concurrent khula decrees where the wife had sued for dissolution on a statutory ground, and ordered dissolution with full dower. This follows Ibrahim Khan (2024) and the older rule in Muhammad Siddiq v. Mst. Ghufran Bibi (PLD 1971 SC 192) that khula must be a specific prayer.
• Psychological cruelty counts. In October 2025 the Supreme Court (Ayesha A. Malik, J.), as reported, held that mental and emotional abuse can be cruelty under the 1939 Act and criticised insistence on medical or documentary proof alone.
• Civil court reforms leave family suits where they were. The Sindh Civil Courts (Amendment) Act, 2025 changed civil jurisdiction in Karachi but not the Family Courts.

The 2025 and 2026 decisions are described from press reports; check the reported citations before relying on them in court. Ibrahim Khan is cited from the Supreme Court's published judgment.

Our advice

Most delay happens before the first hearing, at the documentation and service stage, not in the courtroom. Plead the route clearly, join every claim you want decided, and give every address for service. For a broader view of the family practice, see our divorce and khula practice page.

Common questions

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.