What are the circumstances that a Muslim Lady can send Kulla document dissolving her marriage?

Question

Few hours back I wanted to know that legallity of my muslim lady friend's unilatral declaration of her marriage dissolution with her husband known as Kula. Some of the readers (in particular a lawyer) has said that it is permissible in India law despite the Muslim Marriage Dissolution act is available. Let me know the circumstances in which a lady can seek dissolution and whether it is her own will or any llegaly sustainable reason is needed (I am told that Islamic male need not disclose reasons but utter the word Talak and divorce)

Answer 1

I only replied your previous question regarding the Muslim divorce by a Muslim lady by way of Khula & the Dissolution of Marriage Act. The reason/grounds on the basis of which a Muslim lady can apply for divorce under this Act are provide under section 2 of the Act, Grounds for decree for dissolution of marriage.-A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on way one or more of the following grounds, namely:-

(i) that the whereabouts of the husband have not been known for a period of four years;

(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;

(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(v) that the husband was important at the time of the marriage and continues to be so;

(vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

(vii) that she, having been given in marriage by her farther or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years;

Provided that the marriage has not been consummated;

(viii) that the husband treats her with cruelty, that is to say,-

(a) habitually assaults her or makes her- life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b) associates with women of evil repute or leads an infamous life, or

(c) attempts to force her to lead an immoral life, or

(d) disposes of her property or prevents her exercising her legal rights over it, or

(e) obstructs her in the observance of her religious profession or practice, or

(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran;

(ix) on any other ground which is recognised as valid for the dissolution of marriages under Muslim law;

Provided that-

(a) no decree shall be passed on ground (iii) until the sentence has become final;

(b) a decree passed on ground (I) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through and authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and

(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfies the Court within such period, no decree shall be passed on the said ground.
Now coming to the triple divorce Talaq which a Muslim male can give to his wife, the Shariat has provided for it to be given unilaterally by such husband by calling it talaq three times. What the various High Courts & The Supreme Court of India had held in case of such form of divorce is such divorce should be given in period of at least three months, each month one divorce or talaq called & next call after one month. Before starting this process a reasonable time should be given for compromise between the parties to avoid this divorce, & even during each divorce or talaq call there should be process of compromise repeated till the last call is made when this divorce or talaq becomes final. What all reasons on the basis of which such a Muslim Husband can give such divorce or talaq is a matter of Muslim scholars to explain, but the most seeked reasons or grounds are adultery, desertion, & cruelty, amounting to irrepearably broken marriage apart from these the giving of divorce by even Muslim husband is not considered good by the community as a whole & even the Holy Quran prohibits such an act of a husband who does so for no sufficient reason or ground, giving divorce to his wife. As far divorce by mutual consent I had already told you are legal & applicable in Muslim law either on instance of the wife in the form of Khula or jointly by both of them known as mubara'at. In case some one who represent himself as practicing lawyer is not aware of the divorce given by the Muslim wife in the form Khula is legal in India or not should read this,The Muslim Personal Law (Shariat) Application Act, 1937 section 2 , Application of Personal Law of Muslims.- Notwithstanding any customs or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardiaship, gifts, trusts and trust properties, and wakfs (other than chartities and charitable institutions and charitable and religious endowments) the rule of decision in case where the parties are Muslims shall be the Muslim Personal Law (Shariat).

Answer 2

Madam, I do not know which lawyer has answered you that it is possible for a Muslim girl to get divorce by Kula in India. I am also a practicing lawyer and in my view it is only by statutory form through the help of Court. As per the recent rulings of the Apex Court and several High Courts no Muslim husband can divorce his wife as an when he needs without any reason, If he has got any difference of opinion it should be referred to a mediator for conciliation and several other procedures to be followed. Dissolution of marriages are not as simple as earlier and some local people assuming as master of law, divert people to commit such errors and to violate the law totally on the pretest of panchayat or settling the issue.

Answer 3

circumstances muslim lady send kulla document dissolving marriage

Answer 4

For 'Khul-aa' , the divorce to be given to a bad husband (by his wife) who is unable to perform as a husband making the life not livable & all efforts for reconciliation by the mediations of members of husband's & wife's relatives fail, the affected woman is not being given divorce by her husband even on requests & if she decides that permanent separation is the best solution, she can simply contact an authoritarian competent cleric in her neighbourhood or otherwise too to issue a Khul-aa order to her husband. The time of order is critical for that khul-aa. From that time & onwards khul-aa is applicable & thus, the divorce from the wife(khul-aa) immediately applies. The husband loses his rights & claim on her as a husband & becomes a stranger for her in one stroke only. The detailed conditions & circustances for such separation is the matter of technicality involving living conditions of the couple & the problems involved therein. Details can be read in the books :
1. Bahare Shariat,
2. Fatawa Razviah(the best source in India)
3. Minhajul Muslim by Abu Bakar Jabir Al Jazairi.

In Qur-aan the verse for 'Khul-aa' is verse no. 229 in Surah "Al Baqarah ", read in any translation & detailed explanation , the best being Kanzul Iman , freely available on internet by just typing 'Kanzul Iman' on Google search box & clicking 'search' in all leading languages.

Hadith books : 'Al Bukhari' & 'Trimzi' give detailed discussions about the same verse by utilising sayings of Prophet Muhammed(pbuh) himself.

According to Surah Al Maaidah of Holy Qur-aan, no non - Muslim is autherised to plead or pass judgement of any dispute where both parties to the dispute are Muslims. So, no Indian court's verdict given by any non - Muslim judge has any meaning as the court is not even competent to admit the cases . Muslims must know that & are advised to never approach any such meaningless court. Only pure Shariat court is competent for this purpose. Needless to say in Gulf countries crime rate is least, though the courts there are not 100% Shariat based.

Answer 5

http://www.jamaat.org/qa/khula.htm