Khulla as per muslim rights.
Atish
(Querist) 21 June 2014
This query is : Resolved
Dear All,
My wife had filed divorce petition under Section 2(viii) of the Dissolution of Muslim Marriages Act, 1939, and Related reliefs regarding property, Alimony and custody of minor child and a separate petition for maintenance in the Family Court (We are Sharia). The evidence provided by me in fact proved her wrong and the court order was in my favour and Divorce was not granted to my wife. Child custody came to me and findings in the Judgment were, Adultery of my wife with her Advocate(previously my Advocate) , cruelty to husband, pre planning, vexatious pleadings and along with cost of Rs.5,000/- to Husband i.e. me. Alimony or properties and maintenance were also denied to my wife.
My wife has gone in appeal to the High Court for the same. Here also she was denied the pending Interim Maintenance which she had not even got in the Family Court through an Order of the High Court.
While the above matter was in the Family Court for 4 years, my wife simultaneously filed 5 other false cases regarding properties of which one was a criminal case in the District Court.
All the cases have proved very weak for her and now that herself maybe getting tired of all the cases as no evidence available with her and all evidences in favour of me, my wife has approached a Maulana who sent me a 1st notice for KHULLA.
I replied to the notice as received. Even on receiving my notice he very soon sent me a 2nd notice to which I immediately replied. On this I also called him and he was in his village. He told me to meet him in person on his return. On his return I met him personally and it was discussed that there are my terms and conditions that I will accept to sign on the KHULLA. He mentioned that she does not want anything from me but just the KHULLA. He then told me to send my trems and conditions for KHULLA acceptability.
I sent him a very detailed letter explaining that all the false cases should be withdrawn and besides this there were many other conditions which were none that could have not been accepted by my wife.
On receipt of this letter the Maulana on the spot gave us 3 days notice to come and sign the documents stating that my wife has not seen it but that he has telephonically told her. The letter is so vast that it cannot be explained only telephonically in a moment. In this 3rd notice after my letter with conditions, the Maulana mentioned that if we would not attend that particular day then he will proceed with the KHULLA.
My fear even if my wife does sign the KHULLANAMA with these conditions, she may then not co-operate in taking back all the cases as she has to appear personally plus the other conditions. This will be like me giving her the freedom and still stuck in the web as she could still likely initiate the cases.
All letters have been sent by Registered A.D. from both ends.
My main question is that is it possible as per the Law that even on my not being present, appearing or singing on the KHULLANAMA, could she or the Maulana register a KHULLANAMA according to the customs and obtain KHULLA by just sending me a notice. This would put me stuck up with all the cases and conditions just to trouble me after that.
Kindly advise as this is a very ugly situation for me which I have been dragged in for the last 5 years for no fault of mine.
Regards
Atish
Lawyer SALEEMA KABEER
(Expert) 21 June 2014
Since the special Act i.e. The Dissolution of Muslim Marriage Act has come in to effect, the 'KHULLA' prescribed under the Mohamaden law is having no more legal force in the eye of law.
Atish
(Querist) 21 June 2014
Respected Lawyer Saleema Kabeer,
I thank you for the prompt guidance. I have exactly not understood the part "the KHULLA prescribed under the Mohamaden law is having no more legal force in the eye of law."
Does this mean that my wife as in the above mentioned matter can or cannot give a KHULLA without my consent and does the Family Court order empower a KHULLA.
Or do you mean to say that yes she could give me a KHULLA without my consent and it would be in force?
Please guide whether I am on the weaker or stronger side.
I will appreciate it.
Regards
Atish
Lawyer SALEEMA KABEER
(Expert) 21 June 2014
She can approach civil court for getting divorce by invoking the provisions of the Dissolution of Marriage Act.
The MOULANA is not an authority to declare divorce. He can not decide anything on the subject matter without your consent. However, it's your choice to settle the matter amicably.
R.K Nanda
(Expert) 21 June 2014
consult local lawyer.
Atish
(Querist) 21 June 2014
Respected Lawyer Saleema Kabeer,
Thanks so much again for the prompt reply. As explained by you and my above mentioned court matter, it clearly shows then that she was denied divorce on the grounds mentioned and even in the High Court appeal it seems a poor effort by her. So now even if the Maulana sends a KHULLANAMA and notice with her signature it will not be accepted by law. Then I could always summon the Maulana too through court.
I thank you very much again for the enlightenment on this matter.
My warm regards to you
Atish
Nadeem Qureshi
(Expert) 22 June 2014
Dear Querist
khula is mutual consent divorce. Without your consent the khula can not be completed. So no need to worry about the notices of maulana.
khula is also valid.
Feel free to call
Rajendra K Goyal
(Expert) 22 June 2014
You can move to court to have a stay on Khullanama proceedings initiated with the help of maulana.
Atish
(Querist) 22 June 2014
Respected All,
I thank you all with the bottom of my heart to give me such thorough advice.
Regards
Atish
Raj Kumar Makkad
(Expert) 22 June 2014
well advised by experts hence nothing to add.
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
Khula or Mubaraat are two different methods of divorce followed for dissolution of marriage under Muslim personal law for divorce on the grounds of mutual consent. If there is no consent from either of the party the Khula or divorce cannot come into force or effect. If you are not ready to give your consent for Khula, ignore th calls of Moulana, he cannot force you to accept it either by common law or Muslim Personal law (Shariat). Dissolution of muslim marriage under mutual consent by Khula is valid in the eyes of law but it certainly requires consent of both the parties to marriage. You can very well impose your own conditions to accept it if she has given a call and thus torture her by prolonging the issue, if you are in the mood of avenging her for her past deeds or wind up the affairs at once by accepting her request, choice is yours.
