Wife’s Right of Divorce  Khulla if husband refused to give divorce to wife.

A wife can dissolve her marriage unilaterally only if the right of divorce has been unconditionally delegated to her by the husband in the marriage contract or the nikahnama. If such right of divorce is not delegated then in such circumstances wife can dissolve her marriage by apply for Khula from the Family Courts of Law, which is also known as dissolution of marriage by way of judicial divorce.

Therefore if the wife is not delegated the right of Divorce in her Nikahnama then she would need to apply for Khula. Khula, which literally means ‘untying the knot’, is the dissolution of marriage initiated by the wife and is granted by the court. To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance, on the grounds that she feels she can no longer live with her husband “within the limits prescribed by Allah’ and such a statement on oath made in her suit would be sufficient to establish her case for Khula.

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Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court. A woman seeks a “khula” while man gives a “Talaq”.  When a wife feels that she cannot perform her matrimonial obligations due to any reasons and she also do not have “delegated right of divorce” in the column 18 of her Nikahnamma then she will have to seek the khulla decree from a family court. It is also called filling a suit for dissolution of marriage in the court.