What Legal Defenses Can a Husband Use Against Khula In Pakistan?

Khula Procedure In Pakistan is a legal right granted to Muslim women, allowing them to seek the dissolution of marriage through the courts if they feel they cannot live with their husbands according to the limits prescribed by Islam. While the legal system in Pakistan generally recognizes Khula as the unilateral right of a woman to end the marriage, husbands sometimes attempt to defend themselves against Khula petitions, either to preserve the marriage, protect financial interests, or challenge the genuineness of the claim.

Though a husband’s ability to completely block a Khula petition is limited under Pakistani law, there are certain legal defenses and strategies he can employ during court proceedings.

1. Challenging the Grounds for Khula

While Pakistani courts do not require the wife to prove fault on the part of the husband, she is still required to demonstrate that she cannot live with him “within the limits prescribed by Allah.” A husband may attempt to challenge this assertion by:

• Arguing that the wife’s reasons are baseless or fabricated.

• Providing evidence of his good conduct, financial support, or efforts to reconcile.

• Demonstrating that the marriage is not as broken as the wife claims.

However, courts usually do not compel a woman to stay in a marriage against her will if she insists that she cannot live with the husband anymore.

2. Requesting Reconciliation Efforts

One of the primary defenses available to a husband is to request the court to make sincere efforts at reconciliation. Under the Family Courts Act 1964, reconciliation is mandatory before Khula is granted.

• A husband may request multiple reconciliation sessions.

• He may show willingness to address the wife’s grievances.

• He can offer compromises such as counseling, separate living arrangements, or financial support.

If reconciliation is successful, the court may dismiss the Khula petition.

3. Challenging the Wife’s Bona Fide Intention

A husband may argue that the wife has ulterior motives behind seeking Khula Khula Procedure In Pakistan, such as:

• Marrying someone else.

• Escaping financial obligations or family responsibilities.

• Gaining advantage in property or custody disputes.

While these arguments may not directly stop Khula, they can influence the court’s view on financial settlements and custody matters.

4. Financial Defense: Return of Dower (Mehr)

Even if Khula is granted, the husband can defend his financial rights, particularly concerning the dower:

• The husband can request the court to ensure full return of dower before dissolving the marriage.

• If the wife fails to return the dower, the husband can delay or challenge the execution of the Khula decree.

It is important to note that in many cases, courts order the return of only the part of dower which is yet unpaid, but husbands often use this defense as leverage.

5. Appeal to Higher Courts

If the Family Court grants Khula, the husband may appeal the decision in the relevant High Court under the West Pakistan Family Courts Act, 1964. Grounds for appeal may include:

• Procedural irregularities.

• Failure of the Family Court to properly conduct reconciliation.

• Errors in calculation of financial settlements.

• Violation of the husband’s legal rights.

While appellate courts rarely overturn Khula decrees solely on merit, procedural lapses can sometimes lead to reversals or remands.

6. Challenging Jurisdiction and Procedure

A husband can raise technical defenses related to:

• Incorrect jurisdiction of the court.

• Lack of proper service of summons.

• Improper filing of documents.

While these defenses may not prevent Khula permanently, they can cause delays and procedural complications that may discourage or delay the petitioner.

7. Using Social and Family Pressure (Non-Legal Defense)

Though not part of the legal process, many husbands in Pakistan rely on family elders, religious scholars, or community pressure to convince the wife to withdraw the Khula petition. While courts discourage external interference, such non-legal tactics are still common in many parts of the country.

Limitations on Husband’s Defenses

It is important to understand that Pakistani courts generally view Khula as a woman's fundamental right. The superior judiciary, including the Supreme Court of Pakistan, has repeatedly ruled that no woman should be forced to continue a marriage she finds unbearable. Therefore, while husbands can raise defenses, the ultimate right of the wife to seek Khula is strongly protected.

Conclusion

In Pakistan, while husbands do have some legal defenses against Khula, their ability to fully prevent dissolution of marriage is limited. Most defenses focus on reconciliation, procedural objections, or financial issues rather than outright prevention of Khula. The courts like Hamza & Hamza Law Assocites prioritize women’s autonomy and safety, ensuring that Khula remains accessible to women while still protecting the procedural and financial rights of husbands. In practice, the most effective defense often lies in genuine reconciliation efforts rather than legal battles.