Under Muslim Law What Is The Procedure For Mutual Divorce?
Under Muslim Law what is the procedure for mutual divorce?
Free Legal Advice - divorce and alimony
Posted by: Hansika Sharma
Posted on: 2018-08-27
Under Muslim Law mutual divorce can be granted judicially i.e. a formal separation and extra judicially which depends on the will of the husband or wife or mutual agreement as per Khula and Mubarat. In Khula, the marriage is dissolved by an agreement between the couple. The muslim woman has the right to ask for divorce in case she does not desires to live with her husband though he may not be at fault. According to the terms and conditions between the spouses, the wife may agree to relinquish part or whole of her amount of dower or any other benefit which has been agreed between them. The divorce becomes irrevocable once the offer is accepted by husband. But a muslim wife cannot compel her husband to give divorce even a suit is not maintainable in law to that effect under Khula. Only a husband or his agent may agree to divorce under khula and no other court or qazi is competent to do it. A husband has no power to cancel khula once it is accepted by him on the ground of consideration been not paid, only remedy available to him is to sue his wife for it. In Mubarat both the sides want separation. The offer can be made either from the side of wife or husband. Upon acceptance of mubarat the divorce becomes irrevocable and iddat is necessary to be observed.
Talk to Top Rated Lawyer
Some issues just cant wait. If you need a resolution right away, then use our quick consult option to speak with our Lawtendo lawyers immediately at a small fee of Rs 600.
Talk to a Lawyerसेवा बुक करें
Related Legal Questions
Free Legal Advice - divorce and alimony
What is the easiest way to get a divorce?
Posted by : Amrik Virk
Posted on : 2018-08-27
Free Legal Advice - divorce and alimony
Sir,my son's wife filef498 a after both agree and filed mutual divorce ( 80percent amt she taken first)in second motion she said I not take divorce and amt return back in court.Then court dismiss the case.we want divorce. PL clarify what we can do. Thanks Baldev
Posted by : Baldev
Posted on : 2018-10-26
Free Legal Advice - divorce and alimony
My sister married in 2017 and left for US with her husband in a month. After almost 2+ years she is now considering separation because of various reasons 1. My brother in law promised they would return to India in 2-3 years after marriage but now he wants to settle there but my sister doesn’t 2. Even on a personal level, he is insensitive (doesn’t care about her feelings anymore), interfering (doesn’t allow her to take decisions, meddles on what to buy and what not), doesn’t want to go out for dinner or celebrating anniversaries etc. giving reasons that it's too expensive and its comfortable at home. 3. My parents and I have also had these discussions with him and his family on a couple of occasions and unfortunately, still nothing has changed. Infact, things have worsened because parents are involved now. What are the options my sister has (they don’t have a kid) 1. Should she come back to India alone and then file for separation? Or would that make our case weaker? 2. Is there a possibility that we send a notice first (not divorce) so that he can mend his ways? Has this approach worked in past with couples? 3. What should she do?
Posted by : Mayank Puri
Posted on : 2019-06-27