(Querist) 24 May 2022
This query is : Resolved
I m a muslim woman married for close to 5 yrs now and living seperately for around 2 yrs mainly due to domestic violence and dowry taunting. We have a daughter who will turn 4 soon. What is a better option to seperate in such a scenario, should it be through a khulanama via maulana and then declare the same in court OR strictly insist on legal separation only as there is evidence of domestic violence and dowry harassment. Thanks
(Expert) 25 May 2022
If you and your husband are ready for Khula, then you both may execute a settlement deed with terms and conditions, and based on this settlement, Khulanama can be drafted by a lawyer and after that for legally binding the settlement, a civil suit for declaration can be filed before court and court may pass an order regarding the same. Consult a local lawyer.
(Expert) 28 May 2022
You can file complaint under the Dowry Prohibition Act and IPC. You can file declaration suit before the civil court declaring your marriage as null and void and an order restraining your husband to call you as your wife since your husband has breach the basic terms and condition of marriage. In the either way if your Maulana is educated and knowledgeable, you can file divorce petition before him also for granting of divorce decree.