# Khula or dissolution? Your mehr depends on it.

> In Punjab a khula decree can make the wife give back up to 25% of the admitted prompt dower, or give up up to 50% of the deferred dower (Family Courts Act, section 10(5)). Prove a ground under the Dissolution of Muslim Marriages Act instead, and that cut does not apply. The Supreme Court has said twice since 2024: a court cannot give khula she never asked for.

- Topic: Family
- For: Citizens (women and families)
- A 12-slide carousel: https://failegal.site/media/khula-or-dissolution-your-mehr-depends-on-it
- Published by FAI Legal on 2026-11-15

## Two ways out.

A wife can go to the Family Court either way.

- **Dissolution on a ground** She proves a ground in section 2 of the Dissolution of Muslim Marriages Act 1939.
- **Khula** She asks to be released, and may have to give back part of the mehr.
- **The difference** In Punjab the mehr cut in section 10(5) is for khula only.

## The grounds. Any one is enough.

Section 2, Dissolution of Muslim Marriages Act 1939.

- **Whereabouts unknown for 4 years**
- **No maintenance for 2 years**
- **A second wife against the Muslim Family Laws Ordinance**
- **Marital duties not done for 3 years**
- **Cruelty, even without beating**

## Khula is her choice.

A court cannot impose it.

- **The case** She sued on cruelty, no maintenance and a second marriage.
- **The courts below** Gave khula instead, and made her return a plot, gold and money.
- **Supreme Court, 19 Sep 2025** Khula needs the wife’s own consent. The marriage was dissolved on the second-marriage ground, and she keeps her dower.

## “The judge can just give khula.”

Not if she did not ask for it.

- **Myth: If she cannot prove her grounds, the court will simply give khula.**
- **Fact: Not without her consent. The Supreme Court set aside khula decrees the wife never sought, on 23 Oct 2024 and again on 19 Sep 2025.**

## In court, step by step.

Section 10, Family Courts Act 1964 (Punjab).

- **Pre-trial** After the written statement, an early date for a pre-trial hearing (s.10(1)).
- **Reconciliation** The court tries to settle it (s.10(3)).
- **If it fails** The court shall immediately pass the decree (s.10(5)).

## Khula and mehr: the cap.

Up to, not all of it.

> "In a suit for dissolution of marriage, if reconciliation fails, the Family Court shall immediately pass a decree for dissolution of marriage and, in case of dissolution of marriage through khula, may direct the wife to surrender up to fifty percent of her deferred dower or up to twenty-five percent of her admitted prompt dower to the husband." (Family Courts Act 1964 (Punjab) · Section 10(5))

## No rukhsati? Same 25% cap.

Supreme Court, 23 Jan 2026.

- **Prompt dower** 15 tolas of gold, admitted. The marriage was never consummated.
- **The High Court** Ordered all 15 tolas back.
- **Supreme Court** The cap does not change: at most 25%, so 3.75 tolas. Civil Petition 2159 of 2025.

## Deferred dower? Up to half.

Supreme Court, 5 May 2023.

- **The mehr** 50 tolas of gold and a house, written in the nikah nama.
- **After khula** She gets a 50% share of the house, the deferred dower.
- **The court** Supreme Court, Civil Petition 2865 of 2022, 5 May 2023.

## Quick quiz. How much back?

Guess first, then swipe for the answer.

- **A. All 20 tolas**
- **B. 5 tolas**
- **C. 10 tolas**

## Answer: B. 5 tolas at most.

25% of the admitted prompt dower, section 10(5).

- **Prompt dower: up to 25% back**
- **Deferred dower: up to 50% given up**
- **“May”: the court can order less**
- **A proved ground instead: the s.10(5) cut does not apply**

## Sources

- Family Courts Act 1964 (Punjab) · Section 10(5): Pre-trial proceedings

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