14/01/2026
PLD 2021 Lahore 757
A noteworthy judgment by the Lahore High Court, Lahore, on khula, talaq, and annulment of marriage.
Facts of the case:
The woman filed a petition in the Family Court, claiming that her relationship with her husband was not working, that he physically abused her, and so on. She requested that her dower (mehr) of over three million and other dowry items be returned to her, and that the court grant her a divorce, i.e., annul the marriage.
The Family Court, while deciding the matter, ordered khula instead of annulling the marriage, and directed the woman to waive her right to the dower. The woman filed an appeal, but the appellate court upheld the same decision, leaving her with no choice but to approach the High Court under writ jurisdiction.
Court’s ruling:
The honorable court held that khula is a wife’s Shariah right, and the court does not have the authority to force anyone to grant it. If the wife is seeking annulment of marriage (tanfiz-e-nikah) rather than khula, the court cannot grant khula instead of annulment. In such cases, the court must examine the evidence and conduct a proper trial to determine the grounds on which a divorce or annulment may be granted.
Key points from the judgment:
1. The judge explicitly stated that even in the case of khula, if the wife agrees to khula but the husband refuses, the khula is not valid under Shariah or law. Shariah requires the husband’s consent for khula to be effective. (See paragraph 14 of the judgment)
2. The court further stated that if the reasons given by the wife for annulment are not proven, the court cannot on its own grant khula. The court must examine other valid grounds for annulment and base its decision on those grounds, not on khula. (See paragraph 12)
3. Additionally, paragraph 15 clarifies that a court cannot pass a khula order ex parte, i.e., in the absence of the husband. If the husband does not agree to the conditions proposed by the wife for khula, the court cannot issue the khula order until both parties agree on the conditions.
4. The court also emphasized that if the husband is incompatible with the wife, refuses to grant divorce, and treats the wife in such a way that she is forced to seek khula to preserve her dower, the court must be very cautious and carefully investigate who is at fault or committing injustice.
The judgment also referenced the Holy Quran and Sunnah in its reasoning.
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