Divorce of muslim couple
Querist :
Anonymous
(Querist) 20 August 2020
This query is : Resolved
whether husband and wife governed by muslim law can take divorce by mutual consent . what is the procedure for divorce of muslim husband and wife. wife is belong to sunni and the husband is belong to Tablighi Community.
Rajendra K Goyal
(Expert) 22 August 2020
In Muslims there are two forms of divorce by mutual consent, in both the woman has to part with her property. One is the “khula” divorce and the other one is the “mubarat” form of divorce. In mubarat, the feature is that both the parties desire divorce. Thus, the proposal may emanate from either side. In mubarat both, the husband and the wife, are happy to get rid of each other . Among the Sunnis when the parties to marriage enter into a mubarat all mutual rights and obligations come to an end. The Shia law is stringent though. It requires that both the parties must bona fide find the marital relationship to be irksome and cumbersome. Among the Sunnis no specific form is laid down, but the Shias insist on a proper form. The Shias insist that the word mubarat should be followed by the word talaq, otherwise no divorce would result.
https://lawrato.com/divorce-legal-advice/what-is-the-procedure-for-mutual-divorce-under-muslim-law-33793
A family court here has granted divorce to a Muslim couple after observing that Muslims, like other religions, are entitled to divorce by mutual consent of spouses if they fail to carry out marital obligations.
https://www.dnaindia.com/india/report-muslim-couple-entitled-to-divorce-by-mutual-consent-court-1142630#:~:text=CHENNAI%3A%20A%20family%20court%20here,to%20carry%20out%20marital%20obligations.
