My husband is demanding a khula.

Originally posted by : Shifa
	My husband and I lived together only for a month after our nikah. He forcefully sent me home with my parents because we used to have silly fights. It’s been four months now since I was sent home and he’s not ready to meet me and he’s told me if I go back to his house he’ll kick me out. He says we are not compatible although we lived together only for a month.He wants to end the marriage but is forcing me to take Khulla. He’s not ready to give talaq. What do I do? Why is he avoiding talaq and forcing me to take Khulla?

First you should tell which caste you belong to? Shia or Sunni.

 

Then comes other things such as khula, mubarat etc.

 

The situation in which the wife initiates divorce proceedings is known as Khul’a.  In the time of the Prophet (SAWS), the wife of Thabit b. Qais requested the Prophet for a divorce from her husband.  The Prophet asked her to return the garden given to her at the time of marriage as dower (Mahr).  She accepted this condition and the marriage was dissolved.

 

So whether dower was given to you by your husband?  How much was it?  Are you working woman or unemployed woman?  Are you educated woman or uneducated woman?  What is your education level?  Do you intend to remarry?  Do you intend to claim alimony from husband?

 

All these answers if you provide then I can give you exact way ahead for you to proceed in case you wish to give divorce to your husband.

Regards,

Advocate R. Martyn.

Im a sunni muslim.

yes dower was given to me in the form of two bangles worth 14 lacs on the day of nikah. But they took it back after a week of my marriage.

i have a bachelors degree but im not a working woman.

i want to give this marriage a chance but hes not ready to cooperate. If we end up separating i intend to get remarried. And yes i want to claim alimony.

Originally posted by : Shifa
	Im a sunni muslim. yes dower was given to me in the form of two bangles worth 14 lacs on the day of nikah. But they took it back after a week of my marriage. i have a bachelors degree but im not a working woman. i want to give this marriage a chance but hes not ready to cooperate. If we end up separating i intend to get remarried. And yes i want to claim alimony.

If you are sunni your khula style will be not like shia.  As you are telling that you want to give the marriage a try.  This is a good thing.  It might save the contract of marriage between you and your husband.

 

Your husband giving mehrieh (however, mehrieh is paid directly to the bride and not her parents) and taking back it from you does not make sense at all.  You should not have given back the dower.  Dower is the only amount/treasure of the muslim woman in case the divorce happens.

 

You giving khula to your husband means you should surrender the mehrieh to your husband.  After giving back mehrieh back to husband how can you give mehrieh  again to husband?  If you are giving  anything to husband again as mehrieh again this is going to be loss for you.

 

Now as you want to save marriage you contact your elders and arrange meeting with his parents where elders decide about you intention of carrying on with the contract of  marriage with your husband.  All the things should be mentioned in the meeting and video recording should be done in the meeting.  Your parents should clearly state that mehrieh was given back to husband and husband took it.

 

If the husband is willing to continue with contract of marriage then well and good, you can cohabit with him and continue relationship of wife.

 

If he does not agree you can file a petition in Family Court U/S 22 of Special Marriage Act, 1954, asking restitution of conjugal rights.

As you are not working at present and don’t have source of income.  File an application U/S 36 of Special Marriage Act, 1954 asking alimony pendente lite from husband.

File a application U/S 125 Cr.P.C. asking permanent alimony too.  Mention in your application that your husband has taken the mehrieh back from you forcibly.

 

If you give Khula, your husband is free bird from the moment you pronounce Khula.  If he gives talaq he has to give mehrieh.  If husband is ready to give you permanent alimony then take it and give him mutual divorce (In case you don’t want to continue with the marriage contract).

 

If you want to remarry after divorce better to take divorce through court only.  Out of court you cant extract money frm husband side as you are Muslim.

Regards,

Advocate R. Martyn.

Thank you so very much for the help. I have a few more questions 1. Since I don�t want to give a divorce can I go back and stay in his house ? But he has already threatened me saying he�ll kick me out. 2. Can a Muslim woman give divorce through court? How is it different from khula? 3. If he decides to finally give talaq out of court can I still claim alimony through court ?

Thank you so very much for the help. I have a few more questions 1. Since I don�t want to give a divorce can I go back and stay in his house ? But he has already threatened me saying he�ll kick me out. 2. Can a Muslim woman give divorce through court? How is it different from khula? 3. If he decides to finally give talaq out of court can I still claim alimony through court ?

Originally posted by : Shifa
	Thank you so very much for the help. I have a few more questions 1. Since I don�t want to give a divorce can I go back and stay in his house ? But he has already threatened me saying he�ll kick me out. 2. Can a Muslim woman give divorce through court? How is it different from khula? 3. If he decides to finally give talaq out of court can I still claim alimony through court ?

If you go and stay with him now, he will kick you out. File the case that I have told you, in court tell the judge that you want to go and live with him, if he wants he will take you, if not he will tell he dont want to take you.  Then if you both want divorce you can take mutual divorce.  Regarding alimony already suggested.  It is safer to do all this in court.  If you do it out of court you are doing it at your own risk. 

Regards,

Advocate R. Martyn.

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