What documents are required to file for Khula?

 Khula Procedure in Pakistan is the legal right of a Muslim woman in Pakistan to seek the dissolution of her marriage through a Family Court. This right allows a woman to legally separate from her husband if the marriage becomes unbearable or incompatible, even without the husband’s consent. The process is governed by the Family Courts Act, 1964, and the Muslim Family Laws Ordinance, 1961.

To initiate this process, the woman (plaintiff) must submit a set of required documents along with her Khula petition to the Family Court. These documents serve to establish the identity of the parties involved, the validity of the marriage, and the grounds for separation. Providing the correct documents is essential to avoid delays in the case and ensure a smooth legal process.

1. CNIC (Computerized National Identity Card)

The most basic requirement is the CNIC of the woman filing for Khula. This serves to establish her identity, nationality, and legal status. A copy of the CNIC should be attached to the Khula petition.

If the woman does not have a CNIC or if it has expired, she must get it renewed or reissued before filing the case.

In the case of overseas Pakistanis, a valid NICOP (National Identity Card for Overseas Pakistanis) or a copy of the passport may also be acceptable.

2. Nikah Nama (Marriage Certificate)

The Nikah Nama is a key document in any Khula case. It is the official record of the marriage between the husband and wife and is issued by the Nikah registrar at the time of marriage.

It contains important details such as:

• Names and CNIC numbers of the bride and groom

• Date and place of marriage

• Amount of Haq Mehr (dower)

• Signatures of witnesses

• Names of fathers and guardians

A certified copy of the Nikah Nama (in Urdu) must be attached to the petition. In case the Nikah Nama is missing or unavailable, the plaintiff can request a duplicate from the Union Council where the marriage was registered.

3. Proof of Residence

The Family Court requires that the case be filed in the jurisdiction where the woman resides or where the marriage took place. Therefore, a document showing the woman’s current address (such as a utility bill, rental agreement, or domicile certificate) may be needed to verify jurisdiction.

4. Photographs (Passport-Sized)

Most Family Courts in Pakistan require 2–4 recent passport-sized photographs of the petitioner for documentation and record-keeping. These are submitted along with the application and attached to affidavits or identity verification forms.

5. Grounds for Khula (Supporting Evidence, if any)

Although Khula can be granted on the woman’s statement that she cannot live with her husband "within the limits prescribed by Allah," any supporting evidence of mistreatment, incompatibility, or abuse strengthens the case.

These documents may include:

• Medical reports (in case of physical abuse)

• Police reports or FIRs

• Messages, emails, or texts proving neglect, cruelty, or irreconcilable differences

• Photographs of injuries or abusive behavior

• Witness statements

While such evidence is not mandatory, it can be helpful if the husband contests the petition.

6. Details of Children (If Applicable)

If the marriage resulted in children, the petitioner should provide:

• Birth certificates of the children

• School certificates (if applicable)

• Medical documents (in case of disability or health concerns)

• Details of custody arrangements requested by the mother

This allows the court to consider custody and maintenance matters alongside the Khula proceedings.

7. Court Fee Payment Proof

Although the Family Courts charge only a nominal court fee, it is a mandatory requirement. The Khula Procedure in Lahore petitioner must purchase a court fee ticket or stamp paper and attach it to the application. The amount may vary slightly depending on the district.

Your lawyer can guide you on the exact amount and help you purchase the appropriate stamp papers.

8. Affidavit in Support of the Petition

The woman must submit an affidavit stating:

• The reasons for seeking Khula

• Her declaration that reconciliation is not possible

• Her willingness to return the Haq Mehr (if applicable)

This affidavit must be signed and verified in front of an Oath Commissioner or Notary Public. It becomes part of the court record and is a crucial element of the case.

Optional Documents (Depending on Case)

In some situations, additional documents may be needed:

• Power of Attorney if a representative is filing the case on behalf of the woman (common in overseas cases)

• Divorce certificate from a previous marriage, if applicable

• Any settlement agreements signed between the parties

Conclusion

Filing for Khula in Pakistan involves many legal and administrative steps, and ensuring all required documents are complete is crucial for a smooth and timely outcome. Having the proper documentation not only strengthens your case but also ensures that the court process proceeds without unnecessary delays. The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. Women seeking Khula are advised to consult a qualified family lawyer who can assist in preparing the documents, drafting the petition, and guiding them through the legal process effectively. As Pakistan’s legal system evolves, digital submission of some documents may soon be possible, further simplifying the process.