Khula in Islamabad: How the Process Works

The court stage, the question of dower, and the step before the Arbitration Council that follows the decree.

By LISORBIS Editorial Team · Published October 2026 · Last reviewed October 2026

Khula is the route by which a Muslim wife can seek the dissolution of her marriage through the court. In Islamabad Capital Territory, khula claims are heard by the Family Court under the Family Courts Act, 1964. After the decree, a separate step before the Arbitration Council or Union Council under the Muslim Family Laws Ordinance, 1961 is involved. This guide explains the main stages in general terms. Some points, especially the financial consequences and the exact date the dissolution takes effect, have been the subject of court decisions and should be checked for each case.

What khula is

The Supreme Court of Pakistan has described khula as the wife's right to seek dissolution without having to prove fault on the husband's part. However, she must expressly ask the court for khula, and it involves her giving consideration, usually by giving up her dower (haq mehr). In Ibrahim Khan v. Mst. Saima Khan (Civil Petitions No. 4657–4659 of 2022, decided 15 February 2024), the Supreme Court held that a court cannot grant khula on its own motion where the wife sought dissolution on other grounds, such as cruelty.

Khula is different from dissolution on the grounds listed in section 2 of the Dissolution of Muslim Marriages Act, 1939, such as failure to maintain or cruelty. Those grounds must be proved by evidence. Section 5 of the 1939 Act provides that dissolution under that Act does not affect the wife's rights to dower under Muslim law. Choosing the right claim, or pleading both in the alternative, is therefore an important early decision.

Filing in the Family Court

The Schedule to the Family Courts Act, 1964 gives Family Courts jurisdiction over "dissolution of marriage, including khula". A wife may file a suit for khula. Where the husband has already filed a suit for restitution of conjugal rights, she may instead claim dissolution, including khula, in her written statement in that suit, and that claim is treated as a plaint (section 9(1b)).

The court issues notice to the husband, who may file a written statement. Section 12A of the Act requires a Family Court to dispose of a case, including a suit for dissolution of marriage, within six months of institution. If the case is not decided within that time, either party may apply to the High Court for directions. In practice, timelines depend on service of notice and the court's list.

Pre-trial hearing and reconciliation

Once the written statement is filed, the court fixes an early date for a pre-trial hearing. At that hearing the court must identify the points at issue and try to bring about a compromise or reconciliation between the parties, if possible (section 10(1)–(3)).

For khula, the key provision is the proviso to section 10(4), as it appears in the federal text on Pakistan Code. It states that in a suit for dissolution of marriage, if reconciliation fails, the Family Court "shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr received by the wife in consideration of marriage at the time of marriage". Section 9(1b) applies this proviso where the decree is to be passed on the ground of khula. This is why a khula decree is often passed at the pre-trial stage, without a full trial, once reconciliation has failed.

Dower and other benefits

The financial side of khula is the area most affected by court decisions and differences between provincial laws, so it needs care.

  • The federal text of section 10(4) refers to restoring 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 v. Saima Khan (2024) described khula as requiring the wife to offer to waive her dower.
  • In Punjab, a 2015 provincial amendment introduced a fixed formula for dower in khula cases. Press reports state that the Federal Shariat Court declared that formula repugnant to the Injunctions of Islam in 2022. A 2026 Lahore High Court judgment reportedly addressed how dower should be dealt with after that ruling. These are Punjab provisions and do not apply as such in Islamabad, although courts may refer to the reasoning.

Whether, and how much, dower or other benefits must be returned in a particular case can depend on what was actually paid, what is still owed, the pleadings and the evidence. Advice should be taken on the facts.

After the decree: the Arbitration Council or Union Council

Section 8 of the Muslim Family Laws Ordinance, 1961 provides that where a party wishes to dissolve the marriage otherwise than by talaq, the provisions of section 7 apply "mutatis mutandis and so far as applicable". Under section 7:

  • notice is given in writing to the Chairman, with a copy to the other spouse (section 7(1));
  • within roughly a month of receiving notice, the Chairman constitutes an Arbitration Council to try to bring about reconciliation (section 7(4));
  • the divorce does not take effect until about three months after notice is delivered to the Chairman, or until the end of the pregnancy if the wife is pregnant, whichever is later (sections 7(3) and 7(5)).

In Islamabad, the ICT Administration lists the Divorce Registration Certificate as a Local Government service, with applicants appearing before the Arbitration Council at the Agriculture Complex, G-11/4. Arrangements may differ for different parts of Islamabad, so applicants should confirm which office has jurisdiction and what documents it currently requires, such as a certified copy of the decree and CNIC copies.

The federal text of the Family Courts Act on Pakistan Code does not itself say who must send the khula decree to the Chairman, and published accounts of practice differ. A wife is generally well advised to make sure the decree is delivered to the correct office and to keep proof of the date of delivery.

When does the khula take effect?

This point is not entirely settled. In practice, the Chairman treats the decree as a notice under section 7, and a certificate of effectiveness is issued after the three-month period. Some legal commentary, however, treats a khula decree as dissolving the marriage when it is passed. Because the effective date can matter for remarriage, iddat, maintenance and inheritance, it should be confirmed on the facts of each case.

Frequently asked questions

Does the husband have to agree to khula?

The Supreme Court has described khula as the wife's right, which the court grants where she expressly seeks it and reconciliation fails. The husband is given notice and may take part in the proceedings.

Will I have to return my dower?

Possibly, in whole or in part. The federal text of section 10(4) refers to restoring dower received at the time of marriage, and court decisions on this point have developed. This depends on the facts and should be discussed with your lawyer.

Is the decree enough, or do I need a certificate?

The decree and the certificate serve different purposes. The certificate of effectiveness is issued by the Arbitration Council or Union Council after the section 7 process, and in Islamabad the ICT Administration also issues a Divorce Registration Certificate. Which document an authority or institution needs should be checked with that body.

Can I apply while living abroad?

Whether, and at which stages, the court will require you to appear in person depends on the court and the circumstances. This should be discussed with your lawyer at the outset.

Sources

This guide is general information only and is not legal advice. Family law outcomes depend on the facts, and the law and court practice may change. Please take advice on your specific situation.

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