One of my Islamic lady friend wants to separate from her husband. I took her to a lawyer and he had advised her to file a petition under Muslim Dissolution of Marriage act and advised that it is only the remedy and can not prononuce talak like muslim male members. But the Local Jamath prepared a divorce memorandum known as Kulla and sent to her husband dissoving the marriage. Which is the correct position? If this easy method is available why should that act was enacted?
2007-10-30 02:33:08 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Both are correct position. As far dissolution of marriage by the Muslim lady is concerned the general law is governed by the Dissolution of Muslim Marriages Act, 1939 as told by the Advocate on certain conditions provided under section 2 of this Act. Now these are those grounds on the basis of which a Muslim lady can move the Family court & seek dissolution of her marriage. As far Khulla is concerned it a sort of dissolution of marriage by mutual consent of the spouses, where on the desire to separate is at the instance of the wife, which the husband agrees to fulfill at the terms that are mutually agreed upon. Khulla is a form of dissolution which has been legally recognized by the Muslim Personal Law (Shariat) Application Act, 1937 section 2. This form of dissolution can be taken by the wife by not going to the Family court but to the local Jamath or Qasi who will direct her husband to agree for such dissolution & on both the parties agreeing for such dissolution their marriage will be dissolved without any intervention from the Family court. Your question why to have enactment such as The Dissolution of Muslim Marriages Act, 1939 when such easy method is available? Because if the husband fails to agree for Khulla for some reasons what such wife will do? For this reason this enactment has been made for her to seek unilateral divorce on the basis of any of the reason for dissolution of such marriage if Khulla fails to materialize. Hope this legal point is now clear to you.
2007-10-30 03:26:47 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 0⤋
Dear Sister:
The lawyer what he said to you that is correct: She can take the khula but she will not receiving any thing from her husband: At that time of marriage there is a Maher from her husband have to pay her: she recieved it or not. If she wants to take khula she is never get any money or any ornaments which he paid. In the property her children can take all benefits but she never. If she is fed up by the husband she can apply for khula. She have to think once again ; If she have children their life will be in trouble. If she is working woman she can serve her. The Muslim divorce is not like other religion : Before divorce or before khula both side they have to think: Divorce or Khula is not a joke in Islam:
(Once she gets the divorce , she like to marry again to her husband unless she marry other person and the second husband if he give her divorce she can marry again her first husband.) First of all tell your friend go to any near mosque Imam he can explain her what is the Khula and What is Tallakh;Divorce. One thing is the true if wife or husband any one dont want to live together there are many reason for saparation. After saparation they can not easy remarry again.
Wish you all the best.
badar
2007-10-30 10:35:47 · answer #2 · answered by badar 2 · 0⤊ 0⤋
The talak nama is only available to males. There is often a great deal of difficulty in getting marriages and dissolutions of marriages recognised if the paperwork is not in order. You don't say where your friend is located, but these difficulties are exacerbated when it comes to getting things recognised by a foreign court. http://news.bbc.co.uk/1/hi/talking_point/special/islam/3198285.stm
2007-10-30 10:03:03 · answer #3 · answered by Doethineb 7 · 0⤊ 0⤋
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A Muslim lady has got the right to KHULA which can be granted to a woman if her husband torture her physically, not able to earn livelihood, and not able to perform or consummate the marriage.
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2007-10-30 12:00:50 · answer #4 · answered by ♪¢αpη' ε∂ïß♪ ♥♥♥♥♥♥♥♥ 6 · 1⤊ 0⤋
its better to go by law otherwise in future you might face lot of problems.
2007-10-30 09:50:44 · answer #5 · answered by PRADEEP SERAWAT 2 · 0⤊ 0⤋
that is burden of your lady friend , dont take care of it do enjoy the life
2007-10-30 09:37:13 · answer #6 · answered by john a 1 · 0⤊ 2⤋