What Happens after a Woman Files a Khula suit in Family Court?

In   Khula Procedure in Pakistan is the legal right of a Muslim woman to seek dissolution of her marriage through a court of law by returning her Mehr (dower) or other compensation to the husband. While the process begins with the filing of a Khula suit in the Family Court, many women and their families are unaware of what happens afterward. This lack of understanding can lead to confusion, delays, and stress for those seeking justice.

This article outlines in detail the step-by-step process that occurs after a Khula suit is filed in Family Court, covering court procedures, possible outcomes, and the woman's rights at each stage.

Step 1: Registration of the Suit and Issuance of Notice

Once the Khula application (plaint) is filed in the Family Court along with the necessary documents—such as the Nikahnama, CNIC copies, and affidavits—the court assigns a case number and officially registers the suit.

The court then issues a notice to the husband (defendant), informing him of the case and summoning him to appear on a scheduled date. The notice is typically served via process servers or, if needed, through newspaper publication (if the husband is untraceable).

Step 2: First Hearing and Appearance of Parties

On the first date of hearing, both parties are expected to appear before the Family Court judge. If the husband fails to appear despite being served, the court may proceed ex parte—meaning the case can be decided in his absence after a certain number of attempts to summon him.

If both parties appear, the court proceeds to the next important step: reconciliation efforts.

Step 3: Reconciliation Proceedings

The West Pakistan Family Courts Act, 1964 mandates the court to attempt reconciliation between the husband and wife before proceeding with the dissolution. The judge may conduct reconciliation directly or appoint a reconciliation committee, often involving elders or relatives.

This is not meant to coerce the wife into continuing the marriage but to ensure that the decision for Khula is not impulsive. If reconciliation fails, the judge records the failure and moves to the next stage.

Step 4: Recording of Plaintiff’s Statement

Once reconciliation efforts have failed, the wife (plaintiff) is asked to record her statement under oath, confirming that:

• She cannot live with her husband within the limits prescribed by Allah.

• She has developed a strong dislike or aversion toward him.

• She wants the marriage to be dissolved through Khula.

• She is willing to return the Mehr or any agreed compensation.

This statement is a critical part of the case and is sufficient for the court to move toward a decree of Khula, especially in no-fault cases.

Step 5: Filing of Written Statement by the Husband (Optional)

If the husband contests the suit, he may file a written statement defending himself and explaining his version of the marriage. However, the court is not required to find him guilty of wrongdoing to grant Khula. A woman’s sincere aversion and unwillingness to continue the marriage are generally sufficient grounds.

If the husband refuses to accept Khula or demands unfair conditions, the court will consider the matter judicially and proceed accordingly.

Step 6: Return of Dower (Mehr)

If the court finds that the woman’s plea for Khula is valid, it may order her to return the Mehr (dower) that she received from the husband. This is in line with Islamic principles, where a woman seeking Khula typically gives up her financial entitlements as part of the separation.

However, if the court finds that the husband was at fault (e.g., abusive, neglectful), it may waive the return of Mehr entirely.

Step 7: Decree of Dissolution (Khula Granted)

After considering all facts, documents, and statements, and confirming that reconciliation is not possible, the court issues a decree of dissolution of the marriage through Khula. This decree is a formal court judgment declaring the end of the marital relationship.

At this point, the marriage is considered dissolved legally, although further administrative steps are still required for complete finality.

Step 8: Intimation to the Union Council and Effectiveness

Once the court decree is issued, a copy of the judgment is sent to the Union Council for official registration of the dissolution. The Union Council issues a Khula Procedure in Lahore Certificate of Dissolution of Marriage, similar to a divorce registration.

Just like in Talaq, there is an Iddat period (usually three menstrual cycles or approximately three months), during which remarriage is prohibited. Once the Iddat ends, the woman is free to remarry if she chooses.

Step 9: Custody and Maintenance (If Claimed)

Often, women also file related suits for child custody, child maintenance, or recovery of dowry articles alongside Khula. These are handled either together or separately by the Family Court. The Khula decree does not automatically affect a woman’s right to custody or child maintenance, which are decided based on the welfare of the child.

Conclusion

Filing a Khula suit is just the beginning of a structured legal process in Pakistan’s Family Court system. After a woman applies, the court undertakes reconciliation, hears the parties, assesses the evidence, and—if necessary—grants the dissolution of marriage even without the husband’s consent. The law is designed to safeguard the woman’s dignity and ensure that she is not trapped in an unwanted or harmful marriage.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.

Understanding the post-filing process helps women navigate the system with clarity and confidence, and reinforces the fact that Khula is not just a religious right—it is a legal empowerment tool for women in Pakistan.