• Khula (Muslim divorce)

Hello,
I got married and we had received marriage certificate from the masjid. 6 months later she asked for khula and we mutually parted ways. But i have no official document proving i am divorced. How i can get the same?
-mateen
Asked 4 years ago in Family Law
Religion: Muslim

3 answers received in 30 minutes.

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9 Answers

You may get a documents executed now. IF there was no documents executed for Khulla, then the divorce is not valid just because you had agreed mutually and got separated. You need to execute some documents. Tripple talak is not valid in India now. has been declared unconstitutional.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Sir file a declaration suit in the civil court for declaration of your divorce under the law, as you have divorced as per the personal laws the court shall pas an order making declaration that you were divorced on so and so date.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Apply for court declaration under Dissolution of Muslim marriage act or certificate from quazi.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi

You can get the Khula validated by obtaining a certificate from the Qazi .

Though under muslim laws, there is no formal documentation of Khula (unless and until both the parties ask for the same), a formal divorce decree can be issued by Qazi who will interview the elders who were present at the time of Khula and provide you the certificate.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Khula Nama can be executed by both the parties

2) it should be signed by both parties preferably in presence of 2 witnesses

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

hello

there should be a khulanama and its acceptance which would be an official document and can be used officially. your wife should send you a khulanama and you should accept it.

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

If you gave her the option to exercise Khula in terms of the nikahnaama, this khula(divorce) is perfectly validate.

To get this validated, both of you need to approach the Family Court and get a declaration as to dissolution of your marriage.

If she's ready for the above, getting this declaration is going to be an easy task.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

You can get it such document from the concerned Masjid if he denies then approach the Court by filing a divorce in any one of the method as recognized by Muslim customs.

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India court bans Islamic instant divorce in huge win for women's rights

Controversial practice of ‘triple talaq’, which allows men to dissolve marriages instantly, declared unconstitutional

An Islamic practice permitting men to instantly divorce their wives has been declared unconstitutional by India’s supreme court after decades of campaigning by women’s groups and victims.

The “triple talaq” has allowed Muslim men to dissolve marriages by pronouncing the word “divorce” three times.

The supreme court in Delhi took up the issue last year in response to a petition from seven victims and women’s groups. A majority of the bench declared on Wednesday that triple talaq was “not integral to religious practice and violates constitutional morality”.

Campaigners hailed the supreme court’s 3-2 decision as a huge victory for India’s 90 million Muslim women.

“It’s a very happy day for us. It’s a historic day,” said Zakia Soman, the co-founder of the Bharatiya Muslim Mahila Andolan (BMMA), an activist group that was party to the legal battle.

“We, the Muslim women, are entitled to justice from the courts as well as the legislature.”

The Indian prime minister, Narendra Modi, also welcomed the verdict:

Divorce Under Muslim Law

Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires.

Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife.

The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.

But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation).

Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.

Divorce by husband/wife

A Husband may divorce in the following manner-

1. Talaq: which is release from the marriage tie immediately or eventually.

2. Ila: where a husband of sound mind takes a vow that he will abstain from all relationship from his wife.

3. Zihar: where husband sane and adult compares his wife to his mother or any other female within the prohibited degrees.

A wife may divorce in the following manner-

1. Talaqetafwiz: talaq by the wife under the husbands delegated power.

Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939

Following are the grounds on which a marriage may be dissolved under the Marriage Act.

1. Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure.

2. Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.

WOMANS RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT. 1939

A Muslim woman may file for divorce on the following grounds-

1. That the whereabouts of the husband have not been known for a period of 4 years

2. That the husband has neglected or has failed to provide for her maintenance for a period of two years.

3. That the husband has been sentenced to imprisonment for a period of seven years or upwards.

4. That the husband has failed to fulfill his marital obligation for a period of three years.

5. That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease.

6. That the husband was impotent at the time of marriage and continues to be so.

The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18.

Triple divorce

Triple divorce is a recognized but disapproved form of divorce and is considered by the Islamic jurists as an innovation within the fold of Sharia. It commands neither the sanction of Holy Quran nor the approval of the Holy Prophet.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You have to get this mutually consented divorce in the presence of a elderly clergy or Qazi, who will certify that he witnessed the 'Khula' form of divorce between you two and also can get a certificate to this effect through the same mosque which should suffice the requirement.

If your marriage had been registered under special marriage act, then you may have to file a declaration suit to declare the dissolution of your marriage on the basis of the 'khula' between you two.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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