Two different mechanisms

Talaq is the right of the husband to dissolve the marriage. Khula is the right of the wife to seek dissolution through the court where she has decided she cannot live with her husband within the limits prescribed by Allah. They are not mirror images: talaq is pronounced, khula is decreed.

The talaq procedure

Section 7 of the Muslim Family Laws Ordinance 1961 requires the husband to give written notice of the talaq to the Chairman of the Union Council and a copy to the wife. The talaq does not become effective until ninety days have expired from the date of that notice, during which the Arbitration Council attempts reconciliation. Skipping the notice creates serious complications later, particularly for remarriage and for proof of dissolution.

The khula procedure

The wife files a suit for dissolution of marriage before the Family Court. Under the West Pakistan Family Courts Act 1964 the court must attempt pre-trial reconciliation. If reconciliation fails and the court is satisfied that the parties cannot live together within the limits prescribed by Allah, it passes a decree for dissolution on the basis of khula.

What happens to dower

On khula the wife is ordinarily required to return the benefit she received – typically the dower. But this is not automatic. Courts examine the conduct of the parties; where the husband cruelty compelled the wife to seek khula, restoration may be reduced or refused. Dowry articles, which belong to the wife, are a separate category and are not returnable.

Children and maintenance

Dissolution does not affect the right of the children to maintenance from their father, nor does it automatically decide custody. Custody is governed by the Guardians and Wards Act 1890 and the welfare of the minor is the paramount consideration – it overrides even the ordinary rules of hizanat.