Mudassar Shaikh 05 November 2015

Divorce by 'khula' in muslim personal law

Hi, My wife has filed a fake 498a & other charges against me & my family in a lower court at her maternal place. Chargesheet is filed by police but case is yet to start. Charges filed are 498a, 342, 504 & 506.

No divorce is filed by any of the party after that.

Now my in-laws have understood that they have done the biggest mistake of filing the case in police station & taking the matter to the court as their daughter is stuck in the court case as per Muslim Personal Law.

Now, they wants to have a divorce done for their daughter by means of "Khula" as they have realised that the court case will go for on years & have no control over it.

The important question is, can a muslim women seek divorce by means of "Khula" if the case is in the court?

Please advice...

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4 Replies

Nitish Banka (lawyer) 05 November 2015

Dear Sir

You have to see the nikahnama, if there is any clause relating to Khula, or she can go seek divorce un der muslim marraige and divorce act

Regards,

Adv. Nitish Banka

9891549997

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advocatepassy@gmail.com 971794 (Advocate) 05 November 2015

For Muslims, Muslim personal law will be applicable and she is entitled to khula as per MPL. But the case filled by your wife is not for divorce, so it would continue. However, a plea can be filled in High Court to quash the FIR as no other court can quash it

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Mudassar Shaikh 06 November 2015

@ Adv Nitish - There is no mentioning of Khula in nikahnama. @ Adv Vinod - As per MPL, she is entitled for Khula but there must be certain provisions which allows or restricts a woman for doing so. These are not mentioned in detail in MPL. My main point of seeking advice is, is it possible for a woman to directly seeks a khula even if husband is not ready to give divorce? Or only court can decide of the matter? Incase, even if its possible, what are the ways we can tackle this to stop her from doing this?

Siddique (OWNER) 30 November 2015

Hello Experts,

I'm also interested to know more about the queries marked below in BLUE.

Would be grateful if these can be replied.

Thanks in anticipation.

Originally posted by : Mudassar Shaikh
	@ Adv Nitish - There is no mentioning of Khula in nikahnama. @ Adv Vinod - As per MPL, she is entitled for Khula but there must be certain provisions which allows or restricts a woman for doing so. These are not mentioned in detail in MPL. My main point of seeking advice is, is it possible for a woman to directly seeks a khula even if husband is not ready to give divorce? Or only court can decide of the matter? Incase, even if its possible, what are the ways we can tackle this to stop her from doing this?