What Is The Procedure For a Wife To File For Divorce In Pakistan?

 In Pakistan, a wife seeking a divorce must follow a defined legal process based on Islamic law and civil statutes. Unlike a husband, who can unilaterally pronounce Talaq, a wife cannot end the marriage without judicial involvement unless she has been granted the right of divorce (delegated talaq or Talaq-e-Tafweez) in the marriage contract. If that right is not granted, she must file for divorce through the courts, commonly known as Khula. The Divorce Procedure In Pakistan is outlined in the West Pakistan Family Courts Act, 1964, and is designed to ensure fairness and protect the rights of both spouses.

1. Understanding Khula

Khula is a form of divorce initiated by the wife on the basis of incompatibility, cruelty, neglect, or other valid reasons. It is a judicial process where the wife must convince the court that continuing the marriage is no longer viable. In most Khula cases, the wife is required to return her Haq Mehr (dower) and may also have to forgo other financial claims, depending on the circumstances.

2. Step-by-Step Procedure for Khula

Step 1: Filing a Petition in the Family Court

The process begins when the wife files a written Khula petition in the Family Court that has jurisdiction over her current residence or where the marriage was registered. The petition must include:

  • The marriage certificate (Nikahnama)

  • CNIC copies of the spouses

  • Grounds for seeking Khula (e.g., cruelty, non-support, abuse, incompatibility)

The court charges a nominal fee to process the case, and it’s advisable (though not mandatory) for the wife to hire a lawyer to represent her.

Step 2: Summoning the Husband

Once the petition is accepted, the Family Court issues a notice to the husband to appear and respond to the petition. If the husband does not appear, the court can proceed ex parte (in his absence).

Step 3: Court Hearings and Reconciliation Efforts

During the initial hearings, the court attempts to reconcile the spouses. The judge may call both parties for counseling or mediation sessions. If reconciliation is successful, the petition is dismissed.

Divorce Procedure In Pakistan


If reconciliation fails and the wife insists that she can no longer live with her husband within the limits prescribed by Islam, the court proceeds to grant Khula.

Step 4: Decree of Khula

If the court is satisfied that the marriage cannot be sustained, it issues a Decree of Khula. In most cases, the wife is required to return the dower (Haq Mehr) or other benefits received from the husband as part of the divorce settlement by Divorce Procedure In Pakistan.

Step 5: Notification to Union Council

After the Khula decree is granted, a certified copy is sent to the Union Council where the couple was residing or where the marriage was registered. The Union Council then initiates a 90-day reconciliation period, similar to the Talaq process.

Step 6: Issuance of Divorce Certificate

If reconciliation does not occur within 90 days, the Union Council issues a Divorce Certificate, making the divorce legally effective.

3. Alternative: Talaq-e-Tafweez

If the wife has been granted the delegated right to pronounce Talaq in the Nikahnama (clause 18), she can divorce her husband without going to court. The process mirrors that of a husband issuing Talaq—she must send written notice to the Union Council and observe the 90-day waiting period. However, this right is rarely granted in practice and is often left blank in marriage contracts.

4. Custody and Maintenance

The wife can file separate petitions for:

Divorce Procedure In Pakistan


  • Custody of children under the Guardian and Wards Act

  • Maintenance (Nafaqah) for herself and her children

  • Dowry articles or property claimed as part of the marriage

Conclusion

The legal process for a wife to obtain a divorce in Pakistan is structured yet requires judicial approval. If she does not have the delegated right of divorce, she must file for Khula through the Family Court like Hamza & Hamza Law Associates, explaining her reasons and possibly returning the dower. While it may involve multiple steps—filing a petition, court hearings, and a reconciliation period—it is a legally recognized and enforceable route that empowers women to dissolve a marriage when it becomes untenable.

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