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Indiacst (na)     18 July 2011

Can Khula or sepration under Muslim law be unilateral

I have few queries with scenario described, as under:

I got married to a gril on 19-Sept-2010, where in we stayed togheter for around 1.5 months, I was employed overseas so had to move to rejoin my job abroad.

When I left abroad my wife was at her father's residence. She came back after a month. After returing I was continously mentally torcured by my in law with one or other ways. one over fone I decided to put in front of my wife and questioned her as, when such behavour would stop. She accepted mistake was from her mom and she conveyed the same to her parents. Her parents now started process to bring her back and in menatime one of hrt youn cousin expired, so my parents with my wife went to my inlaws place, She got missing, and when enquired it was found that she was with her cousin who fled her. A complain was logdeged in police station where he appread with my father in law and forced to withdraw the complian. 

My in laws declared that they have taken KHULA (without my consent) and said as in case of talaq only 3 words dissolues marriage, same can be done in khula and it does not reuquire any consent from husband.

They hav no document in evidence to such self proclaimed khula. I discussed same with my father in law but he therathened me for life, that if I dare to oppose them in there decision.

Now on 6th Oct she is being married with the same cousin who sort of kidnapped her and manipulated her. I also came to knew that they already had an affair before our marriage.

I have dicieded to file petition for this, can some one help me undertsand the charges that can be filed for marriang a married gril.

Also to mention she was approx 17 years at time of our marriage and she is still 17 years untill 6th oct. 

 

Please help me understand the same with legal prospective in terms of indian laws,



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