Tallaq - khula
ASMA SAVANUR
(Querist) 19 April 2012
This query is : Resolved
1. Tallaq is the prerogative of Muslim husbands to divorce their wives with whom they are fed up while Khula is the prerogative of Muslim wives who are frustrated with their unscrupulous, elfish, exploitative and nonsupportive husbands with but one difference that while wife's consent is not required for Tallaq husband's consent is needed for Khula.
2. When a frustrated womam seeks Khula, it is imperative for the husband to give his conseromised?given to the nt by imperative is meant obligatory or without any excuse or undue delay.
3. However the husband may, but not necessarily, demand a consideration in cash or property not exceeding the Dover or property he had given to the wife.
Please clarify if these statements are correct and binding on the husband. Please also clarify if the wife can get Khula through court of law even if the husband refuses to give consent for Khula.
Asma Savanur, a victim
Adv.R.P.Chugh
(Expert) 19 April 2012
Dear Ms.Asma,
Your understanding of the issue is absolutely correct. The Islamic law though highly scientific/dynamic and just, has failed to keep pace with the modern ideas of equality & gender justice because of vested interests of some sections of community, who have stultified it's progress.
Though judiciary has with time, added safeguards but scruplously avoided to strike down Talaq-ul-biddat as unjust and unconstitutional, trying not to stir up things.
Khula cannot be obtained with the intervention of the Court, however divorce can be obtained (Faskh) as per the 1939 Dissolution of Muslim Marriage Act, on nine grounds.
Deepak Nair
(Expert) 19 April 2012
Bharat has advised sufficiently.
Great work Bharat. :)
ajay sethi
(Expert) 19 April 2012
bharat replies are always to the point . keep it up bharat
Raj Kumar Makkad
(Expert) 19 April 2012
I have nothing to add in the well reasoned reply of Bharat.
Shonee Kapoor
(Expert) 20 April 2012
Nothing more to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
