Format of Suit of Dissolution of Marriage on the Basis of Khula

Dissolution of Marriage on the Basis of Khula

Dissolution of Marriage on the Basis of Khula is a procedure by which a wife divorce herself from her husband with the intervention of the court. This way wife surrenders her dower (mehar). This right cannot be used by the wife blindly rather under compelling circumstances this right is used.

The dissolution Muslim marriages act 1939 states the grounds on which right of khula can be exercised. Section 2 of the said act provides nine grounds these are as under:

Grounds of Dissolution of Marriage on the Basis of Khula

Section 2 of the said act provides nine grounds these are as under:

  1. when the whereabouts of the husband is not known for the last four years.
  2. Husband failed to provide for maintenance for the last two years.
  3. Husband has taken the second wife without taking consent from his first wife.
  4. Husband has been sentenced to imprisonment for a period of seven years.
  5. Husband has failed to perform his matrimonial relationship with her wife for the last three years.
  6. Husband is impotent at the time of marriage.
  7. Husband is insane for two years or is suffering from leprosy or virulent venereal disease.
  8. Wife was under the eighteen years of age at the time of marriage and after maturity she repudiated.
  9. Husband treat her wit cruelty means habitually assaults her, make her life miserable.
  10. Any other ground which is recognized as valid for dissolution of marriage on the basis of khula.

Court Fee in Family Cases:

In all family cases, the court fee is Rs.15 only. The green stamp ticket valuing 15 has to be affixed on the pages of the plaint.

Draft of Suit For Dissolution of Marriage on the Basis of Khula

When a wife wants to press any one of the above ground ans seeks khulanama than she has to file a suit in family court. The court then summons the defendant to file written statement. The sample format of suit for dissolution of marriage on the basis of khula is as under:

IN THE COURT OF SENIOR CIVIL JUDGE, FAMILY JUDGE, (WEST) ISLAMABAD

Family Suit No:______/2016

Wife ABC D/o def, R/o House No: 000, Street No:000, Sector: 000, Islamabad

……………….Plaintiff

VERSUS

Husband ghi S/o Jkl R/o House No: 00, Street No:00, Sector 00, Islamabad

……………Defendant

SUIT FOR DISSOLUTION OF MARRIAGE ON THE BASIS OF KHULA

Respectfully Sheweth:

  1.  That the plaintiff and defendant entered into a bond of marriage in the year 1998 according to Muslim rites and Shariah. The dower amount was fixed @ Rs. fifty thousand only which is still outstanding against the defendant.
  2. That after the marriage the attitude of the defendant became very harsh and cruel towards the plaintiff. The defendant also concealed the fact that he is already married. He also had to daughters from his previous marriage.
  3. That with the passage of time the attitude and behavior of the defendant became cruel and harsh. The plaintiff was also a victim of domestic violence and mental torture. The plaintiff tried her level best to save this marriage bond but she failed to do so, due to the uncooperative behavior of the defendant.
  4. That it is also pertinent to mention here that defendant has badly failed to provide maintenance to the plaintiff in the past eighteen years. The defendant never had a job or business throughout his life. The defendant sold the jewelry from time to time and he used to force the plaintiff to bring money from her family. The defendant took all her savings and her share in the property of her father.
  5. That the plaintiff left with no choice and started working for herself. For the last eighteen years, the plaintiff is earning in order to live a happy married life. The defendant never provided even a single penny on account of maintenance rather plaintiff used to pay the rent of the house, groceries, boarding, lodging and expenditures of the defendant.
  6. That on 20th of December, defendant has beaten the plaintiff inhumanly and turned her out of his house in the middle of night. The plaintiff called the brother of the defendant who immediately came and rescued the plaintiff. The brother of the defendant stayed there till morning in order to save the plaintiff. The Very next morning plaintiff’s brother and sister came to took her in their home.
  7. That defendant has badly failed to perform his marital duties and obligations with plaintiff and defendant did not provide any maintenance to the plaintiff.
  8. That plaintiff has now developed a strong hatred in her heart against the defendant and she cannot live with him as a wife within the limits prescribed by the Allah almighty.
  9. That plaintiff seeks dissolution of marriage on the ground of non-provision of maintenance, cruelty, mental torture and on the basis of khula, for which she is ready to forego her dower.
  10. That the cause of action accrued to the plaintiff firstly when defendant turned the plaintiff out of his house and secondly a week ago when he refused to maintain her and also refused to have any contact with her.
  11. That the cause of action accrued to the plaintiff at Islamabad. The parties are also the resident of Islamabad, hence this court has jurisdiction to try and entertain the present suit.
  12. That the appropriate court fee has been affixed on the plaint.

PRAYER:

It is most respectfully prayed that the decree for dissolution of marriage on the basis of khula may kindly be passed in favor of the plaintiff against the defendant.

Any other relief this honorable court deems fit and proper may also be awarded.

Plaintiff

Through

Counsel

VERIFICATION:

Valid on oath at Islamabad on this day___ of December 2016, that the contents of the plaint are true and correct to the best of my knowledge and nothing has been concealed from this honorable court.

Plaintiff

CERTIFICATE:

Certified that this is the first case filed by the plaintiff on this subject and no other case is pending before any other court, High Court or Supreme Court

Plaintiff

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10 Responses

  1. Ghaffar Malik says:

    Excellent work sir, i needed draft and found it in fervency. its very quick for me as due to paucity of time i was unable to draft by my own vocabulary and words.
    Abdul Ghaffar Malik(Advocate)

  2. Malik Arsalan Advocate says:

    Mateen bhai Allah tala ap ko lambi umer de or ap ko hr medan me kamiyabi de ap k notes se mere bht kam asan ho gaya hi .plz send me your mobail number.
    03449393586
    Malik Arsalan Advocate from Dera Ismail Khan

  3. GUL MUNIR says:

    Is mai aik ghalti hai shewith saiy pehly body likhna chahyi

  4. Muhammad Mohsin says:

    sir your work is excellent. lakin aap humko nikama bana rahay hai,.

  5. Azeem Liaqat Rao Pakpattan says:

    Very Nice draft Mateen Sir

  6. Gul says:

    Shiaa concept me kya procedure h khulla ka??????send me that format of family suit of dissolution on shia basis

  7. Umme Khizer says:

    Aoa sir mein ne 4april , 2017 ko khula liya tha aur bachy father k pass hi thy mein ne boht koshish ki k bachy mery oass ajain pr us ne nhi diye bulky milny bhi nhi deta meboht shadid bimar bhi rehny lgi bachon ki waja se .September 2017 ko guardian court ne case bhi file kiya pr date pr date hi perti rhi ab bachon ko mery khilaf bhi kr dia hy .kindly btaye kya krein . jzakomullah khaira assalam o alaikum wrwb. From lhr

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