How Do Different Provinces In Pakistan Handle Khula Cases Differently?

Khula Procedure In Pakistan  — the Islamic right of a woman to seek dissolution of marriage — is governed by federal laws, primarily the Family Courts Act 1964 and Dissolution of Muslim Marriages Act 1939. However, after the 18th Amendment to the Constitution of Pakistan, many aspects of family law have been devolved to the provincial level. As a result, while the core legal framework for Khula remains uniform, certain procedural differences, administrative practices, and cultural factors vary across provinces, impacting how Khula cases are handled.

Legal Uniformity Across Provinces

At its core, the process of Khula is the same across all provinces:

• A woman files a suit in the Family Court.

• The court attempts reconciliation.

• If reconciliation fails, Khula is usually granted.

• The woman may be required to return dower (mehr).

All provinces follow this federal framework, and superior courts across Pakistan have established precedents that apply nationally. However, the differences mainly arise in how these laws are administered and implemented at the provincial level.

Punjab: The Most Streamlined System

Punjab, being the most populous province, handles the highest number of Khula cases annually. The Punjab Family Courts (Amendment) Act 2015 further streamlined the process by introducing tighter timelines for case resolution. Family Courts in Punjab are required to:

• Attempt reconciliation within the first few hearings.

• Decide Khula cases within 90 days as per the amended Act.

Punjab also has better infrastructure, specialized family courts, and a higher number of trained female judges, making the process more accessible, especially for women in urban centers like Lahore, Faisalabad, and Rawalpindi. Legal aid services by NGOs and government-sponsored women’s shelters also play a significant role in assisting women seeking Khula.

Sindh: Delays and Cultural Barriers

In Sindh, the legal framework is the same, but the administration of justice faces unique challenges:

• The judicial backlog in cities like Karachi leads to longer waiting periods.

• In rural Sindh, tribal customs and feudal pressures often discourage women from filing Khula suits.

• The reconciliation process may be heavily influenced by societal elders or community leaders rather than the court itself.

However, legal reforms in Sindh have aimed to improve access to family courts, particularly in Karachi and Hyderabad. The Sindh Judicial Academy has conducted training programs for judges to handle family law matters with sensitivity towards women’s rights.

Khyber Pakhtunkhwa (KP): Social Conservatism and Judicial Sensitivity

In KP, while the courts are legally obligated to process Khula cases like other provinces, strong tribal and cultural norms often discourage women from seeking judicial remedies. Women in rural KP may face:

• Threats of social ostracism.

• Family pressure to avoid litigation.

• Lack of access to legal representation.

Despite these challenges, the judiciary in KP has shown increasing sensitivity in Khula cases, often emphasizing women’s safety and dignity. Peshawar High Court has issued rulings to protect women from harassment during Khula Procedure In Pakistan . However, compared to Punjab, cases often take longer due to fewer dedicated family courts and limited legal aid infrastructure.

Balochistan: The Most Challenging Province

Balochistan presents the most significant challenges for women seeking Khula:

• Limited number of family courts.

• Sparse legal aid services.

• Strong tribal customs that sometimes supersede formal legal processes.

• Social stigma attached to women who seek court intervention.

While the Quetta Bench of the Balochistan High Court has taken progressive stances in some cases, on-ground implementation remains weak. Women from remote areas often travel to Quetta to file Khula petitions due to lack of courts in their districts. In many cases, informal tribal jirgas discourage or even threaten women who attempt to pursue Khula through legal channels.

Islamabad Capital Territory: A Model for Reform

Islamabad, while not a province, has set an example in handling Khula cases efficiently:

• Well-staffed family courts.

• Trained judicial officers.

• NGOs offering free legal aid.

• Higher literacy rates among women.

The Islamabad Family Court often adheres to strict timelines, making the process faster and more transparent. Reconciliation attempts are conducted professionally, with counseling services available to both parties.

Conclusion

While the core legal structure for Khula is the same throughout Pakistan, provincial differences in administration, infrastructure, judicial training, and social norms significantly affect how Khula cases are handled with the help of Hamza & Hamza Law Associates. Punjab and Islamabad offer relatively smoother processes due to better resources and legal awareness, while Sindh, KP, and especially Balochistan face more challenges due to cultural barriers, limited courts, and weaker enforcement. Continued judicial reforms, awareness programs, and expanded legal aid services are crucial to ensuring that women across all provinces can equally access their right to Khula.