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Muslim Laws

Khula with deed of aggrement

Hi All my wife wants to give khula with certain amount as a permanent alimony do we need to approach court or khazi is enough also we have mentioned terms and conditions in that aggrement in future both will not seek any court or suite in any aspects , thus govt khazi is saying that he will give khulana from muslim board is it enough to dissolve marriage

( Anantapur, Andhra Pradesh )

5 months ago

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A.
Dear Client,
Under Islamic law, Khula is a way for a Muslim woman to initiate a divorce without her husband's consent by returning the mahr or dowry that she received at the time of marriage. Unlike talaq, which is the right of a husband to unilaterally divorce his wife, khula empowers the wife to initiate the divorce process. It is important to note that khula can only be initiated by the wife and not the husband. Once the mahr or dowry is returned, the marriage is considered permanently dissolved. In some cases, there may be a waiting period after Khula before the divorce is final. This waiting period is known as the 'iddah period' and is typically three menstrual cycles. The judgment delivered on April 9, 2021, by a division bench of Kerala High Court comprising Justices A Muhamed Mustaque and C S Dias, unequivocally stated that a Muslim woman’s right to khula is “absolute” and “does not hinge on the husband’s consent or assent.” Reach out to an Advocate for guidance and steps.
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