A khula decree is final, but a disputed return of dower needs findings and can be appealed

Facts

From the judgment

The wife sued for dissolution on the ground of cruelty, with claims for dower, dowry articles and maintenance. At the stage of the defence evidence she asked to record a statement seeking khula instead; she stated that she had received her dowry articles, gave up past and iddat maintenance and withdrew her claims for dower and maintenance. (para 2)

The Nikahnama recorded Rs. 5,000 cash paid at the nikah, 5 tolas of gold jewellery to be given at the marriage and a constructed 4-marla house to be transferred. The husband said the dower had been paid and produced a sale deed of 26 July 2019 registering a 4-marla house in her name, bought with his money (Exh. D27). (paras 5, 9)

After the decree the wife remarried. (para 6)

Procedural history

From the judgment

1. 3 February 2024Suit for dissolution (cruelty), dower, dowry articles and maintenance; converted to khula, Family Court, BahawalpurKhula decreed; wife to return dower 'if any she received'; dowry claim dismissed as infructuous; dower and maintenance claims dismissed as withdrawn (para 2-3)
2. 27 June 2024Family appeal by the husband, Additional District Judge, BahawalpurDismissed as incompetent: no appeal lies against a khula decree under section 14 (para 4)
3. 16 September 2026W.P. No. 6742 of 2024, Lahore High Court, Bahawalpur BenchAllowed; appellate decree set aside; remanded to the Family Court to decide the return of benefits within two months (para 10)

Questions of law

1. Is an appeal competent against the financial part of a khula decree, i.e. the dower or benefits the wife must return? Our framing

   The court's answer: Yes. The dissolution is not appealable, but the wife's liability to return dower or other benefits must be determined by the Family Court and is appealable. (para 8, 10)

2. Did the Family Court have to decide whether the wife had already received the house as dower? Our framing

   The court's answer: Yes. The sale deed suggested she had received the house as dower, so the court had to determine her liability to return benefits received, rather than order a return 'if any'. (para 9)

Arguments

From the judgment

Petitioner or appellant

The wife's dower claim was false: under columns 13 to 16 of the Nikahnama she was paid Rs. 5,000 at the nikah, the gold was to be given at the marriage, and the husband bought a 4-marla house in her name and had it registered on 26 July 2019. By withdrawing her dower claim at the khula stage she gave the false impression that she had waived it. Although the khula decree is not appealable, the wife's liability to return dower or other benefits had to be decided and was appealable (para 5).

Respondent

Both courts below had correctly applied section 14 of the Family Courts Act, and the wife had since remarried and was living happily, so the petition should be dismissed with costs (para 6).

Court's reasoning

From the judgment

What is appealable after khula

Under the proviso to section 10(4) read with section 14(2)(a) of the Family Courts Act, as held in Dr. Akhlaq Ahmad v. Kishwar Sultana (PLD 1983 SC 169), the dissolution of marriage is not appealable, but the wife's civil liability, the dower or other benefits returnable on khula, must always be determined by the Family Court (also Shahzado Shah, 2009 YLR 2399; Farrah Bashir, 2014 CLC 1605). The trial court had overlooked this. (para 8)

The house as dower

The Court observed that the wife had converted her suit to khula and withdrawn her dower claim, giving the impression that she had waived it, while the sale deed (Exh. D27) suggested she had already received the 4-marla house as dower. The trial court therefore had to determine her liability to return benefits obtained; both courts below failed to exercise their jurisdiction. (para 9)

Result

The appeal was incompetent only as to the dissolution, which had become final; it was competent on the remaining issues. The appellate decree was set aside and the case remanded to the Family Court to frame issues, record evidence and decide the question within two months, hearing both sides. (para 10)

Judicial observations

From the judgment

The court's exact words.

Practical implications

Our analysis

For lawyers

• Keep the dissolution and the financial consequences of khula separate in pleadings and in any appeal: challenge only the return of dower or benefits, never the khula itself.
• Where receipt of dower is disputed, ask the Family Court to frame issues on what was given as dower, what was actually received, ownership and value; resist an order to return dower 'if any'.
• Prove property given as dower with the registered deed and the Nikahnama entries in columns 13 to 16.
• A wife who withdraws a dower claim at the khula stage should state clearly what she has received and what she is returning or relinquishing.

For everyone else

• Once a court grants khula, the divorce itself cannot be appealed.
• But if there is a dispute about what dower or property the wife must give back, the court must decide it on evidence, and that decision can be appealed.

General points drawn from this judgment, not advice on your own case.

Limits of this judgment

Our analysis

• A single-judge decision that did not decide whether the house was in fact dower or must be returned; that is left to the Family Court on remand.
• The khula decree itself was left untouched and is final.

Related

Our guide

• Khula in Pakistan: Complete Procedure, Cost, Timeline & Legal Rights

Discussed in our brief

• Pakistan Family Law Brief – 25 Sep 2026 | Nikahnama Dower & Khula Appeals