Dissolution of Muslim Marriages Act 1939
Judicial khula may also be granted without the husband’s consent if the wife is willing to forgo her financial rights.
Grounds for Judicial Divorce
Grounds on which a woman may seek khula include:
Desertion by husband for four years,
Failure to maintain for two years
Husband contracting a polygamous marriage in contravention of established legal procedures,
Husband’s imprisonment for seven years,
Husband’s failure to perform marital obligations for three years,
Husband’s continued impotence from the time of the marriage,
Husband’s insanity for two years or his serious illness,
Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),
Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and
Any other ground recognised as valid for the dissolution of marriage under Muslim law.
Sheraz Khan Advocate
High Court Islamabad.