Skip to content
Mon–Sat, 9:00 AM – 10:00 PM0331 9999 129 Book a consultation

Home » Judgments » Lahore High Court

Before accepting Khulla, the court must explain what the wife gives up

Adeena Naz v. Judge Family Court/Guardian Judge Lahore, etc. Lahore High Court W.P. No. 39820 of 2026 2026 LHC 7951 Decided Justice Mohsin Akhtar Kayani (Lahore)

Judgment at a glance

Legal issue
Where a wife sued for dissolution on cruelty and non-maintenance, then stated in court that she wanted Khula and would return her dower, could the Family Court decree Khula with return of dower without recording that she understood the difference?
Decision
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 show that the difference between Khula and statutory dissolution, and its effect on dower, was explained, the decree was set aside to the extent of the Khula election and the dower direction, and the case remanded for a limited inquiry within 30 days. The Court issued detailed guidelines for Family Courts, in English and Urdu.
Key principle
Following Saima Khan (PLD 2024 SC 645) and Naila Javed (PLD 2026 SC 302), Khula and statutory dissolution carry different dower consequences; before accepting a Khula election in a case brought on statutory grounds, the Family Court must explain the difference neutrally, in a language the wife understands, and record her informed, voluntary choice in her own words.
Outcome
Set aside and sent back (remanded)
Relevant law
Dissolution of Muslim Marriages Act 1939, s.5; Constitution of Pakistan 1973, Art. 199
Why it matters
  • A wife who sued on cruelty or another ground should be told, before choosing Khula, that Khula may cost her dower while a proved statutory ground protects it.
  • Saying 'I cannot live with him' is not giving up a cruelty claim; and the court must not make Khula harder to get either.
  • The decree must record what was explained, her choice in her own words, and the legal basis of any dower order.

Cite as: Adeena Naz v. Judge Family Court/Guardian Judge Lahore, etc., 2026 LHC 7951, Lahore High Court, W.P. No. 39820 of 2026, decided 7 October 2026

Case details

Case
Adeena Naz v. Judge Family Court/Guardian Judge Lahore, etc.
Bench
Justice Mohsin Akhtar Kayani (Lahore)
Date of decision
Case number
W.P. No. 39820 of 2026
Citation
2026 LHC 7951
Outcome
Set aside and sent back (remanded)
Statutes considered
Dissolution of Muslim Marriages Act 1939, s.5; Constitution of Pakistan 1973, Art. 199
Topics
Dower, Khula

Sources

Our saved copy
PDF, saved
How this summary was made
Summary from the full judgment
Official text read on
Note on the text
The parties married on 24 December 2023 with dower of Rs. 100,000, stated to have been paid at the nikah. After reconciliation at the ADR Centre failed, the wife stated that she could not live with her husband, asked for Khula and offered to return the dower; the Family Court decreed Khula with return of dower on 14 May 2026. The respondents were ex parte; Ms. Amber Qayyum assisted as amicus curiae. The guidelines for Family Courts (headings A to D) are at para 14. Order dated 7 October 2026; approved for reporting. Short summary checked against the order.
Cite this summary
PK-Legal & Associates, "Before accepting Khulla, the court must explain what the wife gives up", summary of Adeena Naz v. Judge Family Court/Guardian Judge Lahore, etc., 2026 LHC 7951, Lahore High Court, W.P. No. 39820 of 2026, decided 7 October 2026, https://pklegal.org/judgments/lhc-2026-7951-khula-informed-election/ (reviewed 3 November 2026).