Khulla when the Nikah was abroad or the husband is foreign
A Nikah solemnised abroad, or a husband who is not Pakistani, does not stop a wife from getting Khulla in Pakistan. What matters is where she ordinarily resides: the Supreme Court upheld a Pakistani Family Court's jurisdiction for a wife with dual Pakistani and US nationality (2024 SCMR 634). She must prove the marriage, usually with the foreign Nikah or marriage certificate and a certified translation. If there was also a civil marriage abroad, check whether that country will recognise the Khulla.
Legally reviewed by Fahmida Naz Sheikh, Advocate High CourtLast reviewed
- Nikah abroad
- Not a bar to Khulla in Pakistan
- Which court
- Where the wife ordinarily resides
- Proof of marriage
- Foreign certificate + certified translation
- Recognition abroad
- Depends on that country (UK: FLA 1986 s.46)
Bring to your first meeting
Bring copies; keep the originals safe.
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
Our Nikah was in the UK. Can I get Khulla in Pakistan?
Yes, if you ordinarily reside in Pakistan or another basis for the court's jurisdiction applies. Where the Nikah took place is not what decides it.
We also had a registry marriage abroad. Is the Khulla enough?
Under Pakistani law it ends the marriage. Whether it ends the civil marriage abroad depends on that country; England recognised a Pakistani Khulla in 2025, but take advice where you live.
My husband is not Pakistani and lives abroad. Does he have to agree?
No. Khulla does not need the husband's consent; he must be properly served, and the court can proceed if he does not appear.
Our Nikah was never registered in Pakistan. Will I get a divorce certificate?
The Union Council handles the decree in the usual way, but may ask for the foreign marriage papers. Bring them with translations.
Legal basis
- Supreme Court of Pakistan: 2024 SCMR 634Family Court jurisdiction for a dual-national wife
- ProPakistani: Lahore High Court clarifies jurisdiction in Khula cases (Sept 2026)
- Family Law Act 1986 (UK): s.46Recognition of overseas divorces
- Q v Q (recognition of overseas divorce) [2025] EWFC 192 (B)Pakistani Khulla recognised in England
- Khulla from abroad (our guide)
Married abroad and seeking Khulla?
Tell us where the Nikah took place, where you live now and your husband's nationality. We will tell you where to file and what papers you need.
Office hours: Mon–Sat, 9:00 AM – 10:00 PM