04/06/2025
KHULA BEFORE RUKHSATI رخصتی سے پہلے خلع۔
YLR 2020 Sindh 1558
PLD 2014 Peshawar 226
Under S.10(4) of the West Pakistan Family Courts Act, 1964 court would not only pass a decree for dissolution of marriage forthwith but also restore to husband Haq Mahr received by wife in consideration of marriage---Where rukhsati had not taken place and wife was
not willing to live with husband to fulfil marital obligation, while dissolving marriage at pre-trial reconciliation stage, court was obliged to restore Mahr/dower to husband rather than proceeding with the trial to determine cruelty of husband---Marriage having been dissolved on the basis of Khula' wife was not entitled to the decree for recovery of dower and maintenance---Wife had to return the articles and property received in lieu of dower---Where marriage had not been consummated, wife was not obliged to observe iddat---Husband was under no obligation to maintain wife even for iddat period People ask us that can a female take khula before rukhsati? The answer is that yes the female can take khula before rukhsati in Pakistan. Khula is a right of divorce available to a wife which can be exercised in Pakistan by applying khula in family court through a divorce lawyer in Pakistan. When a nikah is done or when a marriage is solemnized the relationship of husband and wife is created. After nikah the male and the female is husband and wife so even a rukhsati has taken place or not they are technically husband and wife and this relationship can come to an end on when if a husband divorce the wife or when the wife seek khula before rukhsati from the family court by hiring the services of a family lawyer in Pakistan. Khula without rukhsati in Pakistan is done in the same way as the khula with rukhsati. There is no difference in khula procedure in Pakistan even the rukhsati takes place or not. Rukhsati technically means consummation of marriage or having s*x between husband and wife so as per Islam if the rukhsati has not taken place or the marriage has not been consummated then the wife has no need to abserve the period of iddat as the main reason of observing the iddat period is to solve the issue of parental rights of a new born baby so if there was no rukhsati then the wife don’t need to observe the iddat period. Khula before rukhsati can be taken any time as the khula is the right of wife and the wife can initiate the legal divorce procedure in Pakistan. For khula without rukhsati the wife can hire the services of a law firm. Our law firm deals in khula without rukhsati.
Khula is basically a right of divorce initiated at the instance of wife but it not only the female who have right of divorce. The husband can also adopt the legal divorce procedure in Pakistan even if rukhsati takes place or not. For the purpose of khula before rukhsati in Pakistan a family lawyer in Pakistan files the case in family court. A wife needs a reason for khula in Pakistan which she needs to establish in the family court through evidence provided by the female through her divorce lawyer. Where a divorce lawyer in Pakistan while preparing the case of khula gives grounds of khula, one of the grounds can also be that the rukhsati of wife was never done. Though no rukhsati cannot be the only grounds of khula in Pakistan but can surely be mentioned along with other grounds of khula in Pakistan. Where no rukhsati took place the wife has to return all the haq mehar if she has received the haq mehar as prompt dower and in case she has not received any dower amount she has to surrender the entire dower amount and she will not be entitled to receive any dower amount from his husband which was mentioned in the nikahnama. Both husband and wife can initiate the khula procedure in Pakistan or the legal divorce procedure in Pakistan. Khula without rukhsati can be obtained by wife.Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 236-237:
236 There is no blame on you if ye divorce women before consummation or the fixation of their dower (mehr); but bestow on them (a suitable gift) the wealthy according to his means and the poor according to his means; a gift of a reasonable amount is due from those who wish to do the right thing.
237 And if ye divorce them before consummation but after the fixation of a dower for them then the half of the dower (is due to them) unless they (the wife) remit it. Or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness. And do not forget liberality between yourselves. For Allah sees well all that ye do.
