Mutually

Guest (Querist) 02 May 2013 This query is : Resolved
Can muslims file mutual consent divorce prayer in Courts like Hindus and if so what special formalities they have to complete before filing such prayer?

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Nadeem Qureshi (Expert) 02 May 2013
there is no provision in court to file a mutual divorce petition before court between Muslims. if the husband wants divorce he has right to pronounce talaq three times in Sunni law and divorce completed before witnesses and the husband is liable to pay iddat period maintenance and Mahr.
if wife wants divorce then she need to file a divorce petition before the court under dissolution of Muslim marriage act.
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Raj Kumar Makkad (Expert) 02 May 2013
There are six forms of divorce recognized under Islamic Law. They are Talaq, Talaq bu Tafweez, Kula and Mubaraat, Illah, Zibar and Lian. Talaq confers on Muslim husband the privilege of being able to discard his wife whenever he chooses to do so for reasons good, bad or indifferent indeed for no reason at all. Talaq-i-Tufeez is the exercise of the right of divorce by the wife by virtue of the power delegated to her husband at the time of marriage or even thereafter, Kula and Maturate are two forms of dissolution of marriage by consent. It is thus a kind of divorce by mutual consent. Illah is a constructive divorce in which the husband swears not to have sexual intercourse with his wife for 4 months and abstains from doing so. Zihar is a mode of divorce in which the husband compares his wife with his mother or any other female within prohibited degree. Lian is a divorce in which there is imputation of adultery to the wife by the husband and the wife is entitled to file a suit for dissolution of marriage on the false charge of adultery.

Guest (Querist) 03 May 2013
How khula i.e. mutual consent divorce can take place. What documents are required for the same to show public authorities that divorce has taken place.