Khula will be treated as valid or effective under law only if it was preceded by an effective attempt for reconciliation by the parties.

Checkout Forums Family Law Discourse The Dissolution of Muslim Marriages Act, 1939 Khula will be treated as valid or effective under law only if it was preceded by an effective attempt for reconciliation by the parties.

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advtanmoy
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Khula will be treated as valid or effective under law only if it was preceded by an effective attempt for reconciliation by the parties.

In Shamim Ara v. State of U.P. [(2002) 7 SCC (Crl.) 1814], the Apex Court held that instantaneous triple talaq not preceded by the attempt of reconciliation is bad in law. In the majority decision of the Constitutional Bench of the apex court in Shayara Bano v. Union of India and Others [(2017) 9 SCC 1] it was held that triple talaq invoked without any attempt for reconciliation is arbitrary and violative of fundamental right contained in Article 14 of the Constitution.

In such circumstances, we have to hold that any invocation of khula without there being an attempt  for reconciliation would be bad in law. Though there need not be any specific reasons to invoke khula, the procedure of reconciliation itself become a reasonable cause in as much as that it would reflect an attempt to resolve the disputes amicably between parties.

There are no specific stages of procedures referred as a prerequisite compliance for invoking khula for the reason that the women suffer more in a problematic marital relationship.

To conclude, we hold that Khula will be treated as valid or effective under law only if it was preceded by an effective attempt for reconciliation by the parties.