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Adultery cases

(Querist) 05 March 2015 This query is : Resolved 
i want file adultery case on my wife after khula.(divorce) is it possible

After divorce can my wife file the divorce cases against on me

what is first step to file case

what i need to be produce in court i have SMS details only 3 people are involved in this
1) wife
2)boyfriend
3) other girl

what i can do to file case please guide me
Devajyoti Barman (Expert) 05 March 2015
give details of your query than asking questions which are bereft of background information.
Guest (Expert) 05 March 2015
Everyting is possible on sound reasons and perfect evidence.
Dr J C Vashista (Expert) 06 March 2015
@Mujahid pasha,
How many more such hypothetical and vague queries?????
Devajyoti Barman (Expert) 06 March 2015
Vashithaji, if it is so then no more reply for this author.
P. Venu (Expert) 06 March 2015
What is your real problem? Please do not post piecemeal queries.
SAINATH DEVALLA (Expert) 06 March 2015
After Khula(which means divorce instigated by wife in Islam,how do think that she would file divorce again? U R confused in UR query
ajay sethi (Expert) 06 March 2015
once divorce is granted there is no marriage subsisting as on date . no fresh divorce can be filed
Rajendra K Goyal (Expert) 06 March 2015
Send all your queries on the same problem in one thread.
J K Agrawal (Expert) 06 March 2015
Dear Friends
I humbly would like to draw your attention that 'Khula' it self is not a divorce. Khula means simply an agreement between husband and wife that wife will be free to seek divorce at her wish. It means even after 'Khula' they are husband and wife and one can not marry without going through procedure of divorce and without passing period if iddat in case of woman.

SAINATH DEVALLA (Expert) 06 March 2015



Khula (Arabic: خلع) is the right of a woman to seek a divorce from her husband in Islam for compensation (usually monetary) paid back to the husband from the wife.[1] Based on traditional fiqh, and referenced in the Quran and hadith, khula allows a woman to initiate a divorce through the mutual consent of the husband or a judicial decree. However, differing interpretations of khula exist across Islamic schools of law and regions in regard to the compensation, consent of the husband, role of the court and judge, number of witnesses a woman must have, and the iddah (“waiting”) period, and child custody.[2]

But different interpretations are there in different Islamic Sects regarding Khula
T. Kalaiselvan, Advocate Online (Expert) 08 March 2015
Khula - It means an agreement between the husband and wife to have dissolution of marriage. It is a divorce at the instance of the wife pursuant to an agreement between the parties in which the wife gives or agrees to give a consideration to the husband to release her from the marriage tie. (For example, she may release the husband from payment of prompt dower, that is Dyn - Mahr). The offer comes from the wife to compensate the husband in case the husband releases her from marital obligations. If accepted, it operates as an irrevocable divorce.
Therefore it is not possible to file a adultery case against her especially after Khula.
A Muslim male cannot approach court of law seeking dissolution of his marriage with his wife whereas the Muslim wife can approach court for the same purpose on the basis of the certain grounds as provided in the Dissolution of Muslim Marriages Act, 1939.


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