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Failed reconciliation does not mean Khula must follow: the wife’s real wish decides

Muhammad Kora v. Judge Family Court, Multan, etc. Lahore High Court W.P. No. 1171 of 2026 2026 LHC 1014 Decided Justice Muzamil Akhtar Shabir (Multan Bench)

Judgment at a glance

Legal issue
Must a Family Court dissolve a marriage by Khula whenever pre-trial reconciliation fails, even though the wife has not said she wants the marriage dissolved?
Decision
No. Section 10 obliges the Family Court to make a genuine attempt at reconciliation and, if it fails, empowers it to dissolve the marriage, but it does not require a Khula decree in every case where reconciliation is declared failed; the court must ascertain whether the wife, by her own voluntary decision, wants the marriage dissolved (following PLD 2025 SC 262, PLD 2024 SC 645 and PLD 2026 SC 91). Here the wife had only refused to return home until dowry, maintenance and her disabled daughter's treatment were settled; she never asked for Khula, and both spouses told the High Court they wanted the decree set aside. The decree was declared void, the suit revived before the Family Court, and the Union Council proceedings based on it quashed.
Key principle
Khula is the wife's right and cannot be decreed unless she seeks it expressly or impliedly; a statement that reconciliation has failed is not by itself a request for Khula, and before dissolving a marriage at the pre-trial stage the Family Court must ascertain the wife's true and voluntary wish.
Outcome
Allowed
Relevant law
Family Courts Act 1964, s.10; Constitution of Pakistan 1973, Arts. 35 and 199
Why it matters
  • A Khula decree passed without finding out whether the wife wants a divorce can be set aside, together with the Union Council process.
  • Wives filing composite suits should state clearly at the reconciliation stage whether they want the marriage dissolved.
  • Family Courts should ask further questions, or give time, before decreeing Khula on a short statement.

Cite as: Muhammad Kora v. Judge Family Court, Multan, etc., 2026 LHC 1014, Lahore High Court, W.P. No. 1171 of 2026, decided 29 January 2026

Case details

Case
Muhammad Kora v. Judge Family Court, Multan, etc.
Bench
Justice Muzamil Akhtar Shabir (Multan Bench)
Date of decision
Case number
W.P. No. 1171 of 2026
Citation
2026 LHC 1014
Outcome
Allowed
Statutes considered
Family Courts Act 1964, s.10; Constitution of Pakistan 1973, Arts. 35 and 199
Topics
Khula

Sources

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How this summary was made
Summary from the full judgment
Official text read on
Note on the text
The parties married in 2012 and have three children. The wife, who had moved to a Dar-ul-Amaan, filed a composite suit on 1 September 2025 for dowry articles worth Rs. 570,000 and dissolution of marriage. On 17 December 2025 the Family Court recorded short statements (she did not wish to live with him; he wished to keep her), declared reconciliation failed and decreed dissolution, framing issues on the dowry claim. Both spouses appeared in the High Court; her identity was verified biometrically. Law officers assisted the Court. Order dated 29 January 2026; approved for reporting. Short summary checked against the order.
Cite this summary
PK-Legal & Associates, "Failed reconciliation does not mean Khula must follow: the wife’s real wish decides", summary of Muhammad Kora v. Judge Family Court, Multan, etc., 2026 LHC 1014, Lahore High Court, W.P. No. 1171 of 2026, decided 29 January 2026, https://pklegal.org/judgments/lhc-2026-1014-khula-decree-set-aside/ (reviewed 3 November 2026).