Khula began in Pakistan as an agreement that needed the husband's consent (Sayeeda Khanam, PLD 1952 Lahore 113). By 1959 it had become a right the court could grant without his consent (Balqis Fatima, PLD 1959 Lahore 566), and the five-member Bench in Khurshid Bibi (PLD 1967 SC 97) confirmed it. Today it is regulated by the Family Courts Act, 1964.

This research paper studies 67 judgments of the Supreme Court, the Federal Shariat Court and the Peshawar High Court, from 1952 to 2026, and traces the law through six phases.

The main finding is that the Supreme Court is now divided on one practical question: if a wife sues for dissolution on cruelty or another fault ground and fails to prove it, can the court still dissolve the marriage by khula, with the loss of her dower?

One line says no. Khula must be the wife's own election, and a court cannot substitute it for the remedy she asked for: Ibrahim Khan (PLD 2024 SC 645), Faryal Maqsood (PLD 2025 SC 262), Seema Hanif Khan (PLD 2026 SC 91) and Naila Javed (PLD 2026 SC 302).

The other line says yes: where cruelty is not proved and the wife will not return, the marriage ends in khula and the dower is forfeited: Muhammad Arif (2015 SCMR 804), followed in Wajiha Rasheed (PLD 2026 SC 319). No larger Bench has yet resolved the conflict.

For the wife: say clearly in the plaint which remedy you seek. If dower matters, plead the ground under the Dissolution of Muslim Marriages Act and state that khula is not sought. If the Family Court converts your suit to khula, rely on Ibrahim Khan and the cases that follow it.

For the husband: plead and prove every benefit given and claim its return at trial, not for the first time in a writ petition. Where cruelty is unproved, rely on Muhammad Arif and Wajiha Rasheed, but expect the other line to be cited against you.

The full paper, with a summary of all 67 judgments and a drafting guide, is free to download:
https://arbitratorandlaw.com/resources/research/2/file

For more research papers like this one, visit the Resources page:
https://arbitratorandlaw.com/resources

Adv. Syed Zeshan Hashmi, Advocate High Court
The Arbitrator & Law Associates, Opposite Prime Hospital, Ring Road, Peshawar | 0313-4859592