Khula by muslim personal law
Mudassar Shaikh
(Querist) 05 November 2015
This query is : Resolved
Hi, My wife has filed fake 498a against me & my family. Charge sheet is filed & the case not yet started even. Divorce is not filed yet, only 498a, 342, 323, 504 & 506 is filed in FIR. Case is in a local court of her native.
My in-laws are planning to get a divorce done by means of "Khula" & get second marriage done of my wife as they have understood now as court case will go for long time & their daughter is stuck in this fake court case done by themselves only.
If the matter is in court for the above mentioned IPC charges, can a women seek divorce thru "Khula" as per Indian Muslim Law?
Devajyoti Barman
(Expert) 05 November 2015
There is no bar on khula divorce during the pendency of the 498A case.
However Khula divorce is not practical unless certain circumstances exists.
In any event to restraint that you can file suit for restitution of conjugal rights against her ans seek injunction on her second marriage.
It would solve your purpose.
Mudassar Shaikh
(Querist) 05 November 2015
"There is no bar on khula divorce during the pendency of 498A case"
Which means, this option is available to the girl even if the case is pending in court?
P. Venu
(Expert) 06 November 2015
Let her take 'Khula". It could be beneficial to you in the long run.
Rajendra K Goyal
(Expert) 06 November 2015
Ask her to take back all cases if she want divorce / khula.
Only a person versed in Islamic law i.e. a qazi, or Islamic Sharia court judge, can grant the khula without the husband’s consent.
Mudassar Shaikh
(Querist) 06 November 2015
Ok, but my point is, is it valid as per the matter is pending in court & still Khula can be done outside?
SAINATH DEVALLA
(Expert) 06 November 2015
If divorce is pending in court, one cannot either opt for khula or talaq
Mudassar Shaikh
(Querist) 07 November 2015
Ok Thanx alot everyone for your help.
