Khula is the right of a Muslim woman in Pakistan to end her marriage through the court by returning her dower or agreed consideration. Unlike talaq, which the husband pronounces, khula is obtained by filing a written petition - the khula plaint - in the Family Court. Because there is no standard government form, the wording and structure of that plaint matter. This guide sets out exactly what the khula application format contains, gives you a sample skeleton to work from, and explains the court fee and filing steps. It is drafting guidance only; a family lawyer should tailor the final document to your facts. For the wider process, read our khula procedure, grounds, fees and timeline guide.
What a khula application is and when you need it
A khula application is technically a plaint (petition) instituted under Section 7 of the West Pakistan Family Courts Act 1964, seeking a decree for dissolution of marriage by way of khula. The right itself is recognised under Islamic law and reinforced by the Dissolution of Muslim Marriages Act 1939. You need it when a wife wishes to leave the marriage and the husband will not grant talaq or the parties cannot agree on a mutual separation.
Key points to understand before drafting:
- No official form. There is no downloadable khula form. The plaint is drafted afresh for each case and signed by the wife.
- Jurisdiction. File in the Family Court where the wife ordinarily resides - the law fixes jurisdiction at her residence even if the husband lives elsewhere.
- Ground. A wife's right to khula is effectively absolute. It is enough to plead that the parties cannot live together within the limits prescribed by Allah; you do not have to prove fault.
- Combined reliefs. The same plaint (or a linked suit) can also claim dower, maintenance, dowry articles (jahez), and custody of children.
Key clauses in a khula plaint
A well-drafted khula application follows the structure of a civil plaint but is tailored to family proceedings. These are the essential components:
| Clause / part | What it covers |
|---|---|
| Cause title | Names the Family Court, the plaintiff (wife) and defendant (husband) with full particulars and addresses. |
| Jurisdiction | States that the wife resides within the court's territorial limits and the court has jurisdiction under the Family Courts Act 1964. |
| Marriage details | Date of nikah, place, and reference to the registered nikahnama; names of witnesses if relevant. |
| Facts / narration | Chronology of the marriage and the reasons it has broken down, pleaded in numbered paragraphs. |
| Ground for khula | The core plea that the parties cannot live together within the limits ordained by Allah; any cruelty or neglect grounds added here. |
| Dower (haq mehr) | States the agreed dower and its status - paid, unpaid, prompt or deferred - relevant to any return the court may order. |
| Reconciliation | Notes that attempts at reconciliation have failed, satisfying the court's pre-trial reconciliation duty. |
| Prayer / relief | Requests a decree of dissolution by khula, plus any linked reliefs (maintenance, dowry, custody). |
| Verification & signature | Verified and signed by the wife, with the lawyer's details and the date. |
Sample khula application format
The skeleton below shows how these clauses fit together. Treat it strictly as a starting point: replace every [placeholder], and have a family lawyer review and adapt it before filing. It is generic and does not cover every situation.
Court fee, stamp duty and registration
A khula plaint carries only a nominal court fee, commonly in the range of PKR 1,000 to 2,000, affixed as court-fee stamps or paid as directed by the Family Court. Unlike commercial deeds, a khula application is not a stamp-duty instrument and does not require registration under the Registration Act 1908 - it is a court petition, not a transfer of property.
The exact fixed fee and the way it is paid vary by province and are periodically revised, so confirm the current amount with the local Family Court or your lawyer. Lawyer fees are separate and depend on the city and complexity. Note that if reconciliation fails and the decree is passed as khula, the court may direct the wife to surrender up to 50 percent of deferred dower or up to 25 percent of prompt dower; where dissolution is granted on statutory grounds under the Dissolution of Muslim Marriages Act 1939, no dower is returned. Because these figures turn on your dower and province, treat them as guidance and get a lawyer to confirm your position. See our full legal forms library for related family documents.
How to file the khula application
- Draft and sign the plaint with your lawyer, attaching the nikahnama and CNIC copies.
- Institute the suit in the Family Court where you reside; pay the court fee.
- Summons issue to the husband (the khula notice) to appear and file a written statement.
- Reconciliation is attempted by the court; if it fails, the court proceeds.
- Decree for dissolution is passed, usually within about six months.
- Union Council observes the 90-day iddat and issues the Certificate of Dissolution of Marriage.
For the deeper detail on grounds, evidence and timelines, our khula procedure guide walks through each stage.
Frequently asked questions
Is there an official khula form to download?
No. A khula application is a drafted plaint under the Family Courts Act 1964, not a fixed government form. Each petition is prepared for the individual case.
Where must I file the khula application?
In the Family Court with jurisdiction where the wife ordinarily resides - even if the husband lives in another city or abroad.
What grounds must I plead?
It is enough to state that the parties cannot live together within the limits prescribed by Allah. Adding cruelty or neglect can help but is not strictly required.
What is the court fee?
Nominal - commonly PKR 1,000 to 2,000. It varies by province and is revised from time to time, so confirm the current figure locally.
Will I have to return the dower?
Often yes - up to 50 percent of deferred or 25 percent of prompt dower. On statutory grounds under the 1939 Act, no dower is returned. A lawyer should assess your case.
How long does the case take?
Family Courts are meant to decide khula within about six months, followed by a 90-day iddat before the Union Council issues the dissolution certificate.