Delay in getting divorce

Querist : Anonymous (Querist) 08 September 2026 This query is : Resolved
I initiated divorce proceedings in January 2025, concurrently filing a maintenance claim. Due to deliberate delays by the respondent, the cases are currently awaiting a mediation report, and a joint petition has been submitted to the court for both matters. Subsequently, in January 2026, I filed a domestic violence case due to ongoing stalking. The respondent's failure to acknowledge the notice until August 31st, when he finally filed his vakalat, resulted in the court referring the case to mediation. My inquiry is whether it would be advisable to pursue a Khula at this juncture, given the respondent's intentional procrastination in finalizing the divorce where i dont claim alimony or we dont have children.

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Quick Summary

If you're experiencing significant delays in your divorce proceedings initiated in January 2025, and the respondent is intentionally procrastinating, you may be able to pursue a Khula. A Khula is a form of divorce available to Muslim women, which can be formalised by a Family Court decree. While this route is possible, be aware that pursuing Khula might affect your ability to claim support for ongoing maintenance and domestic violence cases.

K Rajasekharan (Expert) 10 September 2026
Yes, you can seek Khula, a female version of Talaq, and obtain a declaration from the Family Court, to have a formal statutory decree.

T. Kalaiselvan, Advocate (Expert) 11 September 2026
If you both are Muslims by religion and the marriage was solemnised as per Muslim religious rites, you may take a decision for Kula based on the prevailing circumstances but you may not get any support from law for all the claims that you have made by filing maintenance case and DV case.

P. Venu (Expert) 12 September 2026
It preferable that you withdraw the pending cases before resorting to Khula. All the more, it is necessary that the decision should not taken in pique and your advocate should be taken in confidence.

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