Grounds of Dissolution of Marriage on the Basis of Khula

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

 When the whereabouts of the husband are not known for the last four years.
 The husband failed to provide for maintenance for the last two years.
 The husband has taken the second wife without taking consent from his first wife.
 The husband has been sentenced to imprisonment for a period of seven years.
 The husband has failed to perform his matrimonial relationship with her wife for the last three
years.
 The husband is impotent at the time of marriage.
 The husband is insane for two years or is suffering from leprosy or virulent venereal disease.
 The wife was under eighteen years of age at the time of marriage and after maturity she
repudiated.
 The husband treats her wit cruelty means habitually assaults her, make her life miserable.
 Any other ground which is recognized as valid for the 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 and seeks khulanama than she has to
file a suit in family court. The court then summons the defendant to file a written statement.
The sample format of suit for dissolution of marriage on the basis of khula is as under:

Plaint
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 the 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 the 20th of December, the defendant has beaten the plaintiff inhumanly and turned her out of
his house in the middle of the 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 take her in their home.

7.That defendant has badly failed to perform his marital duties and obligations with the plaintiff and the
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 the 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
Format of Written Statement In Suit of Dissolution of Marriage on the
Basis of Khula
This sample formate is standard you can make change sand use it in an court.

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

In re:

Wife ABCD Vs Husband GHI

SUIT FOR DISSOLUTION OF MARRIAGE ON THE BASIS OF KHULA

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

Respectfully Sheweth,

1. Para No. 1 is admitted to the extent of date of marriage inter-se the parties and prompt dower
of Rs. 50,000/-. It is worth mentioning that apart from the payment of prompt dower of Rs.
50,000/-, the defendant had gifted gold ornaments worth Rs. 60,000/- (according to the
contemporary market rates). The detail of gold ornaments has been mentioned in annexure “A”,
appended with the written statement. Moreover, at the time of Nikah, the plaintiff was also
given clothes, shoes and other bridal gifts, appended as annex “B”. Ever-since the Nikah, the
defendant and his family members have been giving gifts on certain occasions as appended in
annexure “C”. The articles and gifts as mentioned in annexure A, B and C are still in the use and
possession of the plaintiff. It is also worth mentioning here that the father of the plaintiff had
obtained a loan of Rs. 100,000/- Cash from the elder brother of the defendant for Rukhsati,
which amount is also outstanding.
2. Para No. 2 is not admitted as stated. The facts are that neither the defendant is previously
married nor he was cruel and harsh towards plaintiff. Rather he was kind and showed his love to
plaintiff, but she didn’t care about this sacred relationship.
 3. Para No. 3 is vehemently denied. There has been good understanding between the plaintiff and
the defendant as both are closely related to each other. The defendant never victimized plaintiff
and he was very cooperative with paintiff.
4. Para No. 4 is denied which is totally incorrect. The defendant have a good business and provided
plaintiff with mouthful necessities of life. It is the intention of plaintiff to get rid of defendant
this is the reason plaintiff is making such a fabricated story.
5. Para No. 5 is not admitted as stated. The plaintiff is not working rather she lives with her parent
and their parent are compelling the plaintiff to get khula from defendant.
6. Para No. 6 is vehemently denied.
7. Para No. 7 is also denied being incorrect. The defendant and his family members have been
giving gifts and money to the plaintiff on different occasions, as mentioned in reply to para No.
1. So, there is no question of not providing maintenance.
8. Para No. 8 is not admitted. The plaintiff has got no justification asking for dissolution of
marriage. Plaintiff is being played in the hands of family member because the family member of
plaintiff does not like defendant.
9. Para No. 9 is not admitted as stated. All this story narrated by plaintiff is false and concocted
hence on the basis of these facts plaintiff cannot be granted with Khuls.
10. Para No. 10 is denied.
11. Para No. 11 is legal
12. Para No. 12 is legal, hence not controverted.

In the light of above, it is, therefore, respectfully prayed that

the suit for dissolution of marriage on the basis of khula may
graciously be dismissed. And the decree of conjugal right in
favor of defendant may kindly be granted.

Defendant

Through

Advocate High Court.

Verification

Verified on oath at Islamabad on ____ of December 2016 that the contents of this written reply from
Para No. 1 to 10 are true and correct to the best of my knowledge and belief, whereas rest of the paras
are believed to be correct.
Defendant

Plaintiff