What if the husband refuses to accept Khula?

 In  Khula Procedure in Pakistanis the legal right of a Muslim woman to seek the dissolution of her marriage through the Family Court when she no longer wishes to remain with her husband, even if he does not agree to end the marriage. While Islam grants this right to women, and Pakistani law provides a clear legal process to exercise it, complications often arise when the husband refuses to accept Khula or tries to delay the proceedings.

This article explores in detail what happens when a husband refuses to accept Khula, the legal remedies available to the wife, the role of the Family Court, and the judicial precedents that support a woman’s right to unilaterally seek divorce through Khula.

📜 Understanding Khula in Islamic and Pakistani Law

Under Islamic law, Khula refers to the woman’s right to obtain divorce by returning her dower (mehr) or offering compensation to the husband. In Pakistan, Khula is legally regulated by:

  • The Family Courts Act, 1964

  • Case law and judicial interpretations

A woman does not require the husband's consent to obtain Khula. The Family Court has the authority to dissolve the marriage unilaterally if it is satisfied that the wife can no longer live with her husband “within the limits prescribed by Allah” (as per Islamic principles).

❌ What If the Husband Refuses to Grant Khula?

One of the most common misconceptions is that the husband's approval is necessary for Khula to be finalized. This is not true under Pakistani law.

When a husband refuses to grant or accept Khula, the Family Court can still dissolve the marriage, if the wife presents valid grounds. The court does not require the husband’s consent—his refusal does not stop the process.

🧑‍⚖️ Role of the Family Court

When a wife files for Khula, the case is heard in the Family Court of the district where she resides or where the marriage was registered. Here’s what happens:

1. Filing the Suit

The woman files a Khula petition explaining that she is unable to live with her husband due to reasons such as cruelty, incompatibility, neglect, abuse, or irretrievable breakdown of marriage.

2. Issuance of Notice

The court issues a notice to the husband to appear and respond to the petition.

3. Reconciliation Attempts

The court conducts reconciliation proceedings through a judge or appointed conciliator. If reconciliation fails, the case proceeds.

4. Husband's Refusal or Non-Cooperation

If the husband:

  • Refuses to grant Khula,

  • Fails to attend hearings, or

  • Rejects reconciliation,

the court may proceed ex parte (without his participation) and decide the case on merit.

5. Court's Decree of Dissolution

If the court is satisfied that the wife genuinely does not want to remain in the marriage and that reconciliation has failed, it issues a decree of dissolution of marriage by way of Khula.

📄 Legal Requirements and Consequences

  • The wife may be required to return the dower (mehr) if it was paid.

  • The marriage is considered legally dissolved from the date of the court’s decree.

  • The woman must observe Iddat (a waiting period) after the decree.

  • The husband’s refusal or objections do not stop the process if the court finds the claim genuine.



⚖️ Important Case Law Supporting Women

Pakistani courts have upheld the right of women to seek Khula even without the husband’s approval:

  • Khursheed Bibi v. Baboo Muhammad Amin (1967 SC): The Supreme Court ruled that if a woman sincerely states she cannot live with her husband “within the limits of Allah,” Khula must be granted, regardless of the husband’s stance.

  • Zahida Khatoon v. Sabir Hussain (PLD 1983 Lah. 352): The court held that once the woman is firm in her desire for separation, the court should not force a marriage that is emotionally or mentally dead.

These judgments clarify that a woman cannot be forced to remain in a marriage against her will, and the court has both the authority and responsibility to protect her rights.

🛑 Common Delaying Tactics by Husbands

Some husbands may use delaying tactics to discourage or harass the wife, such as:

  • Failing to appear in court

  • Filing false counter-claims

  • Refusing to sign documents

  • Claiming that mehr must be returned before proceedings can continue

However, these actions do not prevent the court from dissolving the marriage, especially if the husband is given proper notice and refuses to participate.

👩‍⚖️ Protection for Women After Khula

Once Khula is granted:

  • The Khula Procedure in Lahore woman is free to remarry after observing the Iddat period (usually three menstrual cycles).

  • She may retain custody of children, especially if they are young or if the husband is deemed unfit.

  • She can claim her maintenance dues and any unpaid dower that was promised but not delivered.

  • The divorce certificate is issued by the Union Council after the court decree is submitted.

📝 Conclusion

In Pakistan, if a husband refuses to accept Khula, his disapproval does not block or invalidate the woman’s right to divorce. The Family Court has full authority to dissolve the marriage without the husband’s consent if the wife proves that she cannot continue the marital relationship. This legal empowerment is rooted in both Islamic values of justice and compassion and the Pakistani legal system's commitment to safeguarding women's rights.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.

Therefore, any woman who feels trapped in a marriage has the right to approach the court and request Khula. The law is on her side, and her husband’s refusal cannot deny her freedom or dignity.



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