How long a Khulla case takes
A Khulla has two clocks. The first is the Family Court case, which ends with the decree: often a few months when the husband is served quickly and reconciliation fails at the first stage, longer when he cannot be found or other claims are fought alongside. The second is the Union Council's 90 days, which start once the Chairman receives the decree. No lawyer can promise a date, but the steps that cause delay are known and can often be avoided.
Legally reviewed by Fahmida Naz Sheikh, Advocate High CourtLast reviewed
- Court stage
- Usually months, not years; it varies
- Union Council stage
- 90 days after it receives the decree
- Statutory target for the suit
- Six months
- Biggest cause of delay
- Serving the husband
How Khulla works: 7 steps
A Khulla case runs in the Family Court and then at the Union Council. Choose the step you are at to see what happens next.
Where are you now?
Prepare documents and choose the court
Gather the Nikahnama, both CNICs, the husband's last known address and details of any children and dower. The suit is usually filed where the wife ordinarily resides.
Next, your lawyer drafts and files the suit for dissolution of marriage on the basis of Khulla.
File the suit in the Family Court
A suit for dissolution of marriage on the basis of Khulla is filed with the plaint, documents and the list of witnesses.
Next, the court issues summons and notice to the husband.
Summons and notice to the husband
The court serves the husband by the usual modes. If he cannot be served, the court can allow substituted service, such as publication in a newspaper.
Next, the husband files a written statement, or the case proceeds without him.
Husband's written statement
The husband may file a written statement. If he does not appear despite service, the court may proceed ex parte.
Next, the court holds the pre-trial hearing and attempts reconciliation.
Pre-trial reconciliation
The court tries to reconcile the parties. If reconciliation fails, the court passes a decree for dissolution of marriage on the basis of Khulla at this stage; the husband's consent is not required.
Next, the decree is issued and you obtain a certified copy.
Khulla decree and certified copy
The decree records the dissolution and any order on dower. A certified copy is obtained for the Union Council and NADRA.
Next, the decree goes to the Union Council, where the 90-day period runs.
Union Council and divorce certificate
The Union Council Chairman receives the decree and follows the procedure for talaq. After 90 days the Khulla is effective and the Union Council issues its certificate and the computerised Divorce Registration Certificate from NADRA's system.
This is the last step. Keep the certificate and the NADRA divorce record safe.
The two clocks
Clock 1: the court case. It runs from filing the suit to the Khulla decree. The Family Courts Act expects suits to be decided within six months of filing, and Khulla has a short route: under section 10(4), if reconciliation fails at the pre-trial stage, the court can pass the decree then and there.
Clock 2: the Union Council. The court sends the decree to the Union Council Chairman, who treats it like a notice of talaq. The dissolution takes effect when 90 days have passed (MFLO 1961, s.8 with s.7). The Union Council then issues its certificate, and the divorce can be registered with NADRA.
Iddat, the waiting period before remarriage, is a separate religious requirement; your lawyer will explain how it applies in your case.
What makes a Khulla case quick
- The husband’s correct, current address is in the plaint, so the summons reaches him the first time.
- He appears, or is properly served and stays away, so the case can move on without him.
- Reconciliation fails at the pre-trial hearing and the wife makes her statement clearly.
- Only the dissolution is asked for, or other claims (maintenance, dowry, custody) are filed in a way that does not hold up the decree.
- The wife or her lawyer attends every date and the documents are complete at filing.
What slows it down
- Service on the husband. A wrong address, a husband who avoids the summons, or a husband abroad is the most common cause of delay. If he cannot be traced, other methods of service take extra hearings.
- A contested financial claim. If the husband says he paid dower in cash, gold or property and wants it back, the court has to decide that on evidence.
- Jurisdiction objections. A suit filed where the wife does not ordinarily live can be returned or transferred. The Lahore High Court has said “ordinary residence” means where she has genuinely chosen to live, not her permanent address (2026 LHC 5645).
- Court workload, strikes and holidays. Outside anyone’s control, and the main reason no fixed date can be promised.
How to avoid delay
- Give every address you have for the husband in Pakistan and abroad, with phone numbers and email.
- File where you genuinely live, and be ready to show it (rent papers, utility bills, school records).
- Bring a clear copy of the Nikahnama and your CNIC, and the children’s B-Forms if custody or maintenance is claimed.
- Decide early what to claim alongside Khulla and what to file separately.
- If you live abroad, sign a Special Power of Attorney before filing, so your representative can act without waiting for you.
- After the decree, check that the Union Council has received it; do not assume the 90 days have started.
When you can remarry
Not on the day of the decree. Wait until the Union Council’s 90 days have run and its certificate is issued, and until iddat is complete. Remarrying earlier can create legal problems for the new marriage.
Relevant Pakistani judgments
Article 199 cannot be used as a second maintenance appeal
Jawad Ahmed v. Mst. Salma and others
Issue: Can a husband use the High Court's constitutional jurisdiction to reopen past and iddat maintenance already decided by the Family Court and…
Held: No. Article 199 is supervisory, not a second appeal; it is confined to patent illegality, jurisdictional defect, perversity or material misreading or non-reading of evidence causing a miscarriage of justice. As the husband only sought a fresh assessment of the…
Art. 199, Constitution of Pakistan 1973s.14, Family Courts Act 1964
To recover gold, the wife must prove the husband’s side kept it, not only that it was given
Mohsin Ali v. Mst. Sidra Bibi, etc.
Issue: Can a decree for six tolas of gold ornaments stand on proof, or an apparent admission, that gold was given to the…
Held: No. Giving the ornaments and their later snatching or retention are separate facts, each needing proof. A suggestion put to and denied by the husband's witness is not an admission; and the husband's failure to prove he was away from…
Art. 199, Constitution of Pakistan 1973s.17, Family Courts Act 1964
Before accepting Khulla, the court must explain what the wife gives up
Adeena Naz v. Judge Family Court/Guardian Judge Lahore, etc.
Issue: Where a wife sued for dissolution on cruelty and non-maintenance, then stated in court that she wanted Khula and would return her…
Held: Not without more. Her statement was an express request for Khula, so this was not a case of the court imposing Khula, but the court still had to ensure her election was informed and voluntary. Because the record did not…
Art. 199, Constitution of Pakistan 1973s.5, Dissolution of Muslim Marriages Act 1939
Common questions
Can Khulla be done in one month?
The court stage can be fast if the husband is served at once and reconciliation fails at the first hearing, but the Union Council's 90 days always follow the decree.
My husband is abroad. Will it take much longer?
Often a little longer, because service abroad takes time. Giving the court his foreign address and contact details at filing helps most.
Does claiming maintenance or dowry slow down the Khulla?
It can, if the claims are contested. Your lawyer can file them so that the dissolution is decided without waiting for every financial issue.
When do the 90 days start?
From the day the Union Council Chairman receives the decree, not from the date of the decree.
Legal basis
- Family Courts Act, 1964: s.10(4)Khulla decree when pre-trial reconciliation fails
- Family Courts Act, 1964: s.12-ASuits to be decided within six months
- Muslim Family Laws Ordinance, 1961: ss.7 and 8Union Council procedure and the 90 days
- Ordinary residence and jurisdiction: 2026 LHC 5645 (our brief)
- Khulla in Pakistan: the full procedure (our guide)
Want a realistic timeline for your case?
Tell us your city and where your husband lives. We will explain what is likely to take time in your case.
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