What Should a Female Do When Husband Not Agree For Khula? 5 Basic Tips for Females

Under Islam and Pakistani law, Khula is a woman’s right to seek separation from her husband if the marriage becomes unbearable. However, there is a big problem for many women—the husband either refuses to give Khula or doesn’t cooperate through the process. This can be confusing, frustrating, and disempowering. But one point to note is that a husband’s consent is not legally for Khula in Pakistan. What should a woman do in those circumstances?

✅ 1. File a Khula Case in Family Court

If the husband is not willing to grant Khula willingly, the wife can approach the Family Court and file a formal Khula petition.The court will:

·         Issue notices to the husband.

·         Conduct hearings.

·         Evaluate the reasons provided by the wife (like cruelty, non-support, incompatibility, etc.).

After hearing both sides, the court can grant Khula even without the husband’s consent.

✅ 2. Prepare Required Documents

To initiate the Khula process through court, the woman needs:

·         Her CNIC copy

·         Nikah Nama (Marriage certificate)

·         Affidavit explaining the reasons for Khula

·         Any evidence of abuse, neglect, or other relevant issues

✅ 3. Attend Court Hearings

Once the case is filed:

·         The court will summon the husband for reconciliation efforts.

·         If reconciliation fails, and the wife insists she cannot live with the husband, the judge can grant a Khula decree.

✅ 4. Return of Haq Mehr (Dower)

As per Islamic principles, when Khula is granted by court, the wife is usually asked to return the Haq Mehr (if it was paid by the husband). This is considered a fair settlement, not a punishment.

✅ 5. Seek Legal Guidance from a Family Lawyer

Navigating the legal system can be overwhelming. It is highly recommended that a woman:

·         Hire an experienced family lawyer in Lahore

·         Let the lawyer prepare the case documents, handle hearings, and represent her in court.

An expert lawyer ensures the woman’s rights are protected and the process is not delayed unnecessarily.

✅ Important Legal Point

Under Section 10 of the West Pakistan Family Courts Act, 1964, the court has full authority to grant Khula without the husband's permission if the wife clearly states that she cannot live with him within the limits prescribed by Allah.

Conclusion

If husband is not listening than don’t feel yourself helpless there are still some options that we can take to get Khula. The law is on her side, and the Family Court has jurisdiction to legally dissolve the marriage. Knowing about the legal procedure, arranging necessary papers and hiring a suitable lawyer, are some of the ways by which a woman can receive justice and begin a new phase of her life.