• Wife sent Khula

Hi,
We were married as per Islamic law. My wife left my house after 8 months of stay and its been almost 1.6 yrs she is staying with her parents. She has returned the Mehr amount while leaving the house. We don't want to continue anyway. Just few days back she sent me Khula document. Please help me in clarifying the below queries -
1) What should be content of my reply? When is the marriage completely dissolved?
2) Though the document title is mentioned as 'Khula Talaqnama' she has pronounced 3 talaq in the content. Does this document holds good? Please note that she wont change the document again.
3) She has falsely alleged some negative points about me and mentioned that they had given us dowry (totally false). Though she haven't mentioned that she will claim the dowry amount, is there any possibility for her to claim or file any case in the future (after our seperation)?
Thanks in advance.
Asked 4 years ago in Family Law
Religion: Muslim

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6 Answers

Since your wife wants divorce you should agree to divorce

2) triple talaq is not valid

3) do not admit false allegations made by wife about dowry given at time of marriage

4) she may file false case later after you agree for Khula

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Khula and Mubarat: They are two forms of divorce by mutual consent but in either of them, the wife has to part with her dower or a part of some other property. A verse in the Holy Quran runs as: “And it not lawful for you that ye take from women out of that which ye have given them: except (in the case) when both fear that they may not be able to keep within the limits (imposed by Allah), in that case it is no sin for either of them if the woman ransom herself.” The word khula, in its original sense means “to draw” or “dig up” or “to take off” such as taking off one’s clothes or garments. It is said that the spouses are like clothes to each other and when they take khula each takes off his or her clothes, i.e., they get rid of each other.

In law it is said is said to signify an agreement between the spouses for dissolving a connubial union in lieu of compensation paid by the wife to her husband out of her property. Although consideration for Khula is essential, the actual release of the dower or delivery of property constituting the consideration is not a condition precedent for the validity of the khula. Once the husband gives his consent, it results in an irrevocable divorce. The husband has no power of cancelling the ‘khul’ on the ground that the consideration has not been paid. The consideration can be anything, usually it is mahr, the whole or part of it. But it may be any property though not illusory.

1.The content of your reply should be you accept khula divorce sent by wife fir thee ask your wife to pay the mahr amount also further it does not matter you can say you recieved the consider ati on and now you are accepting the divorce.

2. Yes khula talaq is form of mutual divorce and it holds good.

3. Deny that claim in your reply to divorce that since you are accepting divorce wife has not given any such amount as dowry. Further there may be chance she can file.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Modes of Divorce:

A husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this done by talaaq. But he may also divorce by Ila, and Zihar which differ from talaaq only in form, not in substance. A wife cannot divorce her husband of her own accord. She can divorce the husband only when the husband has delegated such a right to her or under an agreement. Under an agreement the wife may divorce her husband either by Khula or Mubarat. Before 1939, a Muslim wife had no right to seek divorce except on the ground of false charges of adultery, insanity or impotency of the husband. But the Dissolution of Muslim Marriages Act 1939 lays down several other grounds on the basis of which a Muslim wife may get her divorce decree passed by the order of the court.

There are two categories of divorce under the Muslim law:

1.) Extra judicial divorce, and

2.) Judicial divorce

The category of extra judicial divorce can be further subdivided into three types, namely,

• By husband- talaaq, ila, and zihar.

• By wife- talaaq-i-tafweez, lian.

• By mutual agreement- khula and mubarat.

The second category is the right of the wife to give divorce under the Dissolution of Muslim Marriages Act 1939.

Talaaq: Talaaq in its primitive sense means dismission. In its literal meaning, it means “setting free”, “letting loose”, or taking off any “ties or restraint”. In Muslim Law it means freedom from the bondage of marriage and not from any other bondage. In legal sense it means dissolution of marriage by husband using appropriate words. In other words talaaq is repudiation of marriage by the husband in accordance with the procedure laid down by the law.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Cleint,

Khula is by mutual agreement.

Wife can offered KHULA only if husband has delegated such right to her or under agreement.

1) What should be content of my reply? When is the marriage completely dissolved? -- Instead you should offer khula raising point the such option not delegated to her or firstly object on this point.

2) Though the document title is mentioned as 'Khula Talaqnama' she has pronounced 3 talaq in the content. Does this document holds good? Please note that she wont change the document again. -- Nops, triple talaaq already banned , also she has no option of Khula.

3) She has falsely alleged some negative points about me and mentioned that they had given us dowry (totally false). Though she haven't mentioned that she will claim the dowry amount, is there any possibility for her to claim or file any case in the future (after our seperation)? --- Under khula all ties gets over, nothing due but until she not remarries, she can claim maintenance u/s 125 CrPC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. If she has sent the khula document, you can proceed with it if you are also not interested in continuing the marriage. You can decide to sign and return the papers, let she arrange one day for dissolving the marriage in the presence of witnesses.

2. Khula is different from talaknama. In khula there is no question of pronouncement of triple talak. Moreover she cannot pronounce talak as per Muslim personal law.

If khula is not acceptable then she has to approach court for dissolution of marriage under dissolution of muslim marriage act, 1939 for the relief of divorce on the grounds she may rely upon.

3. Dont admit her false claim, you can refuse, deny and reject them.

You can inform her that minus the allegations you are ready and willing to have mutual consent divorce with her in the form of khula.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Khula is the right of a woman in Islam to seek a divorce or separation from her husband.

So, if you do not want to continue with your marriage, you can accept the same, but should deny all the allegations made by her against you or your family.

If you refuse to divorce her, she has the right to initiate divorce proceedings in a Court under Dissolution of Muslim Marriages Act 1939. , whereby the Judge will study the conditions and reasons for seeking divorce, and then summon the husband. If the husband does not pronounce the divorce and the Judge sees a valid reason for divorce, the Judge has the authority to divorce the couple.

Triple talaq is invalid, as per law and hence cannot be enforced.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

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