Dear all,
my client (wife) had obtained a khula (fask-e-nikah) from qazi on 16/11/2014 as the husband was not willing to give her divorce or khula. later on, in the month of Feb 2015 she filed a petition in the Family Court for dissolving the said marriage and declaration of the said fask-e-nikah as valid and legal. during the proceedings the husband agreed to give her khula and sign a fresh khulanama before the qazi. a new khulanama dated 28/05/2015, bearing the signatures of the both the parties, was obtained.
Thereafter both the parties signed a consent term and filed it before the Family court to end their dispute and prayed for disposal of the petition. the Ld. Family Court judge passed an order dclaring the earlier khulanama dated 16/11/2014 as legal and valid and dissolved their marriage.
now, my question is under which provision and section the said petition will be converted for divorce by mutual consent?
or will it be titled as Divorce by way of khulanama?
PS: there is no provision in Dissolution of Muslim Marriage Act for a mutual divorce
