Want khula divorce Want khula divorce

3 months ago

I want khula divorce from my husband I don't to leave with my husband . l married in September 17 2023 my husband's family is Sunni and forcefully try to do shirk and do not allowed me to education and work . l don't live with them please help me to divorce

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
Khula divorce refers to the right of a Muslim woman to unilaterally divorce her husband. The recognition of khula as a form of divorce stems directly from the Holy Qur'an. For Khula divorce to take place it is necessary that some Iwad (return of consideration) should be given by the wife to her husband. Under Khula, a marriage can be dissolved by an agreement between husband and wife for a consideration paid or to be paid by the wife to her husband. Muslim women can approach only Family Courts and not self-declared private bodies such as a Shariat council consisting of a few members of a Jamaath, in order to seek a Khula (divorce), the Madras High Court has held. It has ruled that Khula certificates issued by private bodies are invalid in law. The Court further said that only judicial forums were empowered to pass a decree to dissolve a marriage under Section 7(1)(b) of the Family Courts Act of 1984 read with Section 2 of the Dissolution of Muslim Marriages Act of 1939 and Section 2 of the Muslim Personal Law (Shariat) Application Act of 1937. Reach out to an Advocate practicing Muslim laws for guidance and steps.
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