Legal Procedure For Khula Certificate-Overseas Pakistani

Khula Procedure in Pakistan – Your Complete Legal Guide (2026)

Khula — known as خلع — is a woman’s legal right under Islamic and Pakistani law to seek dissolution of her marriage. Unlike talaq, which is initiated by the husband, khula allows a wife to approach the Family Court when continuing the marital relationship becomes difficult or unbearable. In Pakistan, khula is a formal judicial process, not a private or verbal separation.

We assist women at every stage of the khula process, including legal drafting, court representation, compliance, and issuance of the official khula certificate, ensuring full protection of legal rights.

What Is Khula?

Khula is both a legal and Islamic procedure through which a wife seeks separation from her husband. Under Pakistani law, khula must be filed as a case in the Family Court. A personal declaration or mutual agreement without court involvement does not legally dissolve a marriage. The court reviews the petition, hears both parties (or proceeds ex-parte if the husband fails to appear), and then issues a decree of khula.

Khula Procedure in Pakistan – Step by Step

The khula procedure Pakistan generally follows these steps:

1. Preparing the Petition: A qualified family lawyer drafts a khula petition explaining the wife’s intention to dissolve the marriage.

2. Filing in Family Court: The petition is filed in the Family Court having jurisdiction over the wife’s residence.

3. Service of Notice: The court issues notice to the husband, informing him of the khula proceedings.

4. Reconciliation Efforts: Courts attempt reconciliation as required by family law.

5. Court Hearings: The wife’s statement is recorded, and the husband may present his defense.

6. Khula Decree: If reconciliation fails, the court grants the khula decree.

After the decree, a khula certificate is issued, confirming the marriage has been legally dissolved and allowing updates to civil records such as NADRA.

Khula Procedure Fee in Pakistan

The khula procedure fee depends on the nature of the case and legal services required. Common costs include:

• Court Filing Fees: Nominal charges

• Lawyer’s Fees: Based on experience and case complexity Documentation Costs: Affidavits, notices, and processing

Uncontested khula cases are generally more affordable, while contested cases involving custody or financial disputes may increase costs. We provide transparent fee guidance so clients clearly understand their khula process expenses.

Khula Certificate – What Is It?

A khula certificate is the official legal document issued by the Family Court after khula is granted. It serves as:

• Legal proof of dissolution of marriage

• Basis for NADRA and civil record updates

• Documentation for remarriage, passport changes, visas, and immigration

This certificate ensures the divorce is legally recognized under Pakistani law.

Khula Procedure in Islam – Legal & Spiritual Context

In Islam, khula allows a woman to seek divorce by offering compensation — usually the Haq Mehr  to the husband in exchange for release from the marriage. It is rooted in fairness, dignity, and justice. Islamic principles recognize khula when a woman no longer wishes to remain married.

The Qur’an recognizes khula as a lawful and dignified way for a woman to seek separation when a marriage cannot continue within the limits set by Allah. In Surah Al-Baqarah (2:229), the Qur’an allows a woman to free herself from the marriage by offering compensation, usually the return of mahr, if both spouses fear they cannot fulfill their marital obligations. This verse establishes khula as a balanced solution that protects the rights of both husband and wife, emphasizing justice, mutual consent, and the prevention of hardship rather than forcing a woman to remain in an unhappy or harmful marriage.

However, while Islam allows khula through mutual agreement, Pakistani law requires court involvement for the divorce to be legally valid and enforceable.

Key Consideration: Return of Haq Mehr

Traditionally, a woman seeking khula may be required to return her Haq Mehr. Courts may order full or partial return depending on circumstances, evidence, and judicial discretion.

1. What Is the Khula Procedure for Overseas Pakistanis?

Overseas Pakistanis can file for khula by granting a Special Power of Attorney (SPA) attested by a Pakistani embassy or consulate. A lawyer in Pakistan handles the case on their behalf.

2. What Is a Khula Certificate in Pakistan?

It is the court-issued document confirming legal dissolution of marriage, required for civil and international purposes.

3. In Whose Favor Is the Pakistani Law About Khula?

Pakistani law empowers women to seek khula while ensuring fairness and judicial oversight for both spouses.

4. What Is the Khula Procedure in Islam?

Islamically, khula allows separation through compensation, usually Haq Mehr, but legal enforcement requires court decree.

5. Can a Case of Khula and Haq Mehr Be Filed Together?

Haq Mehr is usually addressed within khula proceedings, and many women waive it as part of settlement.

If you need professional legal assistance, about the khula procedure then assist our expert guidance to complete your khula case confidently and lawfully.