In Pakistan, family law and divorce procedures are often misunderstood, especially when it comes to khula, a legal right available to Muslim women for seeking a judicial dissolution of marriage. One common question that arises is:
Can a husband file an appeal against a khula decree granted in favor of his wife?
The short answer is no. Let’s delve into the legal framework, clear common misconceptions, and understand why a husband cannot challenge a khula decision once it has been passed by a Family Court.
Understanding Khula Under Pakistani Law
Under Islamic law and Pakistani Family Law, khula refers to the right of a woman to seek a divorce from her husband through a Family Court, even without his consent, on the basis of incompatibility, lack of love, or failure of marital obligations.
The relevant legal provision that governs such matters is the West Pakistan Family Courts Act, 1964.
Section 14(2) of the Family Courts Act, 1964 – No Appeal Allowed
The critical provision that blocks a husband’s right to appeal a khula decree is Section 14(2) of the Family Courts Act, 1964. It states:
“No appeal shall lie from a decree by a Family Court for dissolution of marriage except in the case of dissolution for reasons other than by way of khula.”
What This Means:
- If a wife obtains a khula decree, no appeal can be filed against it, not even by the husband.
- This legal bar applies even if the husband:
- Was unaware of the proceedings,
- Was not served proper notice,
- Claims his address was fraudulently concealed,
- Believes the wife was pressured by her family.
Khula Does NOT Require Husband’s Consent
It is a widespread myth that courts cannot grant khula unless the husband agrees to the divorce. This is incorrect.
Courts are empowered to dissolve the marriage solely based on the wife’s statement that she no longer wishes to live with the husband and cannot fulfil her duties as a wife. The detailed procedure has been discussed in the most recent judgment rendered by the Federal Shariyat Court in 2022.
Legal Presumption of Free Will
Before granting a khula, the court records the wife’s sworn statement in person. Once the statement is recorded, the court presumes that she is:
- Acting freely,
- Not under pressure or coercion, and
- Has clear intent to dissolve the marriage.
As long as this process is followed, even allegations of family pressure or fraud are unlikely to be entertained at a later stage.
What Should a Husband Do If He Wants to Save the Marriage?
If a husband wishes to preserve his marriage, he must act immediately:
- Attempt reconciliation with his wife before she goes to court.
- Engage trusted elders or family mediators.
- Do not delay or ignore communication, as the court process may begin and conclude without his knowledge.
Once a khula decree is granted, it becomes final and cannot be challenged through appeal or revision. Yet if reconciliation is effected within the 90-day iddat period, the khula decision becomes infructuous.
Exceptions to Section 14(2)?
There are very limited scenarios where a khula decree may be reviewed by a High Court under Constitutional jurisdiction (Article 199), such as:
- Clear violation of law, or
- Absence of jurisdiction by the Family Court.
However, these remedies are extraordinary and rarely successful. Courts give high respect to women’s right to khula and are reluctant to interfere once the decree is passed.
Frequently asked questions:
1. Can a husband challenge khula in Pakistan?
No, the husband cannot challenge a khula decree once it has been granted by the Family Court. According to Section 14(2) of the Family Courts Act, 1964, there is a legal bar on filing an appeal against a khula decision. This law is meant to protect women from unnecessary delays and harassment in divorce proceedings.
2. Section 14(2) Family Courts Act, 1964
Section 14(2) of the Family Courts Act, 1964 clearly states that no appeal shall lie against a decree for dissolution of marriage (khula). Courts in Pakistan, including the Supreme Court, have consistently upheld this provision to safeguard women’s rights and prevent extended litigation.
3. Appeal against Khula decree in Pakistan
There is no appeal allowed against a khula decree in Pakistan. Once a khula is granted by the Family Court, the matter is final and binding. This is to avoid unnecessary legal battles and to protect women from being forced into unwanted marriages.
4. Khula vs Divorce in Pakistan
In Pakistan:
- Khula is when a wife initiates divorce, usually by returning the dower (HaqMehr) or some compensation.
- Talaq (divorce) is when the husband initiates the divorce.
Khula needs to be filed in court, while talaq can be given by the husband without court involvement, but both must be registered with the Union Council or Arbitration Council for legal effect.
5. No appeal after khula
Once a Family Court grants khula, the husband cannot file an appeal. The law under Section 14(2) ensures that the decision is final. This rule exists to protect women from being dragged into prolonged court cases after getting a divorce.
6. Husband’s rights in khula cases
In khula cases, the husband has the right to:
- Appear in court and contest the facts during the proceedings.
- Request return of dower (HaqMehr) or compensation, if applicable.
However, after the court grants khula, he cannot challenge the decision through appeal.
7. Legal process for khula in Pakistan
To get khula in Pakistan, a woman must:
- File a suit for khula in the Family Court.
- Appear in court and give reasons for seeking divorce.
- After hearing both sides, the court may grant khula, usually requiring her to return HaqMehr.
- The court issues a decree, which is then sent to the Union Council/Arbitration Council for the Divorce Certificate after a 90-day waiting period (iddat).
8. What happens after khuladecree
After the khula decree:
- A copy of the decree is sent to the Union Council.
- The Union Council starts the 90-day iddat period.
- After this period, the Divorce Certificate is issued.
The woman is then legally divorced and free to remarry, if she wishes.
9. Khula without husband’s consent
Yes, a woman can get khulawithout her husband’s consent. The court has the authority to grant khula if the wife proves that she can no longer live with her husband within the limits prescribed by Islam. His refusal to agree does not stop the court from granting the divorce.
10. Pakistani divorce law for women
Pakistani law allows women to:
- Seek khula through court if they want to end the marriage.
- Mention talaq rights in the nikahnama (if the right of delegated divorce is granted).
- File for dissolution of marriage on other grounds such as cruelty, desertion, or non-maintenance.
Women are protected under Muslim Family Laws Ordinance, 1961 and Family Courts Act, 1964.
Conclusion
In Pakistani law, the right of a woman to seek khula is a powerful legal tool to exit a failing marriage. Husbands who do not wish for their marriage to end must make sincere efforts at early reconciliation, as once a khula decree is passed, it is almost impossible to reverse it through legal means.
If you’re facing such a situation, it’s important to consult a qualified family lawyer and act without delay.
