Dissolution of Marriage/Khula/Talaq
When husband and wife cannot live happily together within the limits prescribed by Almighty Allah then they can dissolve their marriage through divorce or khula. The husband can pronounce divorce and wife can file a suit for dissolution of marriage and can also pronounce Talaq, if such right has been conferred upon her. Every divorce or khula case has its own facts, circumstances, drawbacks, challenges and solutions.
Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court. A woman seeks “khula” while man gives “Talaq”. As per Dissolution of Muslim Marriages Act, a woman shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds:
- 1. Whereabouts of the husband not known for four years.
- 2. Husband has neglected or failed to provide maintenance.
- 3. Husband has sentenced to imprisonment for a period of seven years or upwards.
- 4. Husband failed to perform marital obligations for a period of three years.
- 5. Husband was impotent at the time of marriage.
- 6. Husband has been insane for two years.
- 7. Wife was married when she was minor.
- 8. Husband treats with cruelty; leads an infamous life; attempts to force her immoral life; venereal disease; Incurable form of leprosy; Disposes of her property; obstructs her in observance of her religious practice
- 9. If wife cannot live with the husband within the limitation imposed by the Almighty Allah.
After obtaining Khula decree from the court; the lady need to file an application before the Chairman Arbitration Council/Union Council of her jurisdiction for obtaining the certificate of dissolution of marriage.