Khula cases: A lawyer’s perspective

Zia Ullah Marwat RECENT reports indicate a sharp rise in the number of khula cases being registered in Islamabad. According to reports, more than 300 family cases are filed daily, while over 9,000 khula petitions are instituted every month. These statistics have triggered a nationwide debate on the causes behind the increasing rate of judicial divorces. As a practicing lawyer, I closely observe this growing trend from the perspective of the courtroom. Khula is a form of judicial divorce that enables a Muslim woman to seek the dissolution of her marriage through a court of law. It derives its legal foundation from Muhammadan Law and is governed in Pakistan by the Dissolution of Muslim Marriages Act, 1939 and the West Pakistan Family Courts Act, 1964. In my experience, the foremost factor contributing to the dissolution of marriages through khula is extramarital affairs. The majority of marriages ending in khula involve allegations of infidelity—a subject that society often hesitates to discuss openly. The second major cause is the excessive interference of parents and in-laws in the marital relationship. Mothers-in-law often attempt to control a woman’s personal life, depriving her of the freedom to make decisions and maintain a healthy relationship with her husband. Women seeking khula frequently complain of emotional abuse and constant interference by their in-laws, particularly their mothers-in-law, whom they often hold responsible for creating an environment that is not conducive to a peaceful married life. Another recurring source of marital discord is the non-payment of dower (mahr). This problem is particularly common where the dower is fixed as deferred dower, payable upon the wife’s demand. In many marriages, the dower amount is fixed at an exorbitantly high level, making payment practically impossible. Consequently, disputes over payment often contribute to the breakdown of the marital relationship. Drug addiction is yet another significant factor contribut