Reply To: Khula divorce

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advtanmoy
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Khula is a divorce which proceeds from the wife which the husband cannot refuse subject only to reasonable negotiation with regard to what the wife has offered to give him in return.

In Masroor Ahmed v. State (NCT of Delhi) and Another [2008 (103) DRJ 137], the learned Judge Badar Durrez Ahmed in a matter arising under Section 482 of the Criminal Procedure Code, 1973 by a detailed judgment referred to the right of Muslim wife to seek divorce outside the court and observed as follows:

Khula, for example, is the mode of dissolution when the wife does not want to continue with the marital tie. She proposes to her husband for dissolution of the marriage. This may or may not accompany her offer to give something in return. Generally, the wife offers to give up her claim to Mahr (dower). Khula is a divorce which proceeds from the wife which the husband cannot refuse subject only to reasonable negotiation with regard to what the wife has offered to give him in return.

The Hon’ble Supreme Court in Juveria Abdul Majid Patni v. Atif Iqbal Mansoori and another [(2014) 10 SCC 736] considered extra-judicial divorce of khula in the context of the Protection of Women from Domestic Violence Act, 2005. The Apex Court recognized khula as a mode of extra-judicial divorce to decide the issue  related to the said Act. The Apex Court in para 13 of the judgment refers mode of Khula in para.13 as follows:

From the discussion aforesaid, what we find is that Khula' is a mode of dissolution of marriage when the wife does not want to continue with the marital tie. To settle the matter privately, the wife need only to consult a Mufti (juris consult) of her school. The Mufti gives his fatwa or advisory decision based on the Shariat of his school. Further, if the wife does not want to continue with marital tie and takes mode ofKhula’ for dissolution of marriage, she is required to propose her husband for dissolution of marriage. This may or may not accompany her offer to give something in return. The wife may offer to give up her claim to Mahr (dower). The `Khula’ is a mode of divorce which proceeds from the wife, the husband cannot refuse subject only to reasonable negotiation with regard to what the wife has offered to give him in return. The Mufti gives his fatwa or advisory decision based on the Shariat of his school. However, if the matter is carried to the point of litigation and cannot be settled privately then the Qazi(Judge) is required to deliver a qaza (judgment) based upon the Shariat.