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How to get Divorce(Khula) from Husband As Per The Muslim/Sharia Law in Tamilnadu

How to get Divorce(Khula)(Khula) from Husband As Per The Muslim/Sharia Law in Tamilnadu In Muslim Sharia law or Muslim law divorce(Khula) is considered to be evil but sometimes, this evil becomes necessary. Here is a detailed article on what should Muslim women do to divorce(Khula) with her husband in Tamilnadu. Muslim women in Tamilnadu can get a divorce(Khula) from their husband through two customary ways- • One is through their personal Sharia law through Khula and Lian. • The other through the statutory provision under Dissolution of Muslim Marriage Act, 1938. However,divorce (Khula) through personal Sharia law has to be under the scrutiny of Quazi, mostly guided under the regulations of All India Muslims Personal Law Board (AIMPLB). Khula procedure in Tamilnadu 1. Islam gave wife a right to initiate the process to come out of marital bond or seek for divorce(Khula) on the grounds recognized under Muslim Law (or Shariya law). It is no more exclusive domain of a husband to end the marriage contract by unilaterally pronouncing Talaq. 2. Though, the wife does not have a right to pronounce Talaq unless such a power is delegated to her by her husband at the time of contracting marriage, all the same she is given a right to seek divorce(Khula) through intervention of Qazi (court) on the grounds pleaded by her, or by mutual consent on the terms agreed by the parties. 3. This is the exercise of the right of divorcebby Talaq by the wife through the power delegated to her by her husband who is of age at the time of the marriage or even after. 4. The delegation of the right of divorce by the husband in favor of the wife may be conditional or unconditional. But, it is not however revocable. [1] 5. It has also been held that the mere fact that the husband has delegated to the wife the power of pronouncement of her own Talaq did not deprive the husband of his right to pronounce Talaq. • In Khula, wife needs to purchase divorce(Khula) from her husband as husband’s consent is essential for Khula. • In Khula, husband delegates his right of giving divorce(Khula) to any person, as an agent even to his wife, and that person is possessed with the right of pronouncing a divorce(Khula) on behalf of the husband. • A divorce(Khula) through Talaq-i-Khula might be dependent upon the contingency of happening or not happening of a condition and that condition is mostly when men are cruel to their wife or incapable of taking care of her financially. • The right of re-marriage of the divorce(Khula)d couple whose marriage is dissolved Talaq by the wife must naturally depend upon the mode of talaq chosen by the wife. “The doctrine of the delegation of the power of divorce(Khula) is based on an incident mentioned in the Quran wherein the Prophet told his wives that they were at liberty to live with him or to get separated from him as they choose.”[2] Lian It is an allegation of adultery to the wife by the husband who entitles her to file a suit for dissolution of the marriage and get a divorce(Khula) if she proves the charge to be false. According to the Muslim law, till a decision is passed by the Judge, the marriage subsists and there are mutual rights of inheritance if, either should happen to die before the decree is passed. • In order to dissolve such a marriage under the doctrine of Lian, the court has got to determine judicially whether a charge of adultery was or was not unjustly made and whether the husband has retracted from the allegations or not. • The Muhammadan law of evidence being no longer in force and the ordinary Civil Courts having taken the place of Qazis, these Courts are the authorities that should make a decree for dissolution of marriage on being satisfied according to the ordinary rules of evidence that, a false imputation was made by the husband. It is unnecessary to comply with the formalities of Lian according to the strict Muhammadan law. • Where a Muhammadan husband falsely accused his wife of adultery and on the wife’s bringing a suit for the dissolution of the marriage he admitted the falsity of the charge but, attempted to justify his making the charge at the time, it’s sufficient to presume that husband has retracted from his allegation. Here is the procedure of divorce(Khula) under Muslim law of Lian- • Allegation of adultery (zina) by the husband upon wife. • A regular suit to be filed by the accused wife before the Family court. • If husband retracts or justifies the allegations are proved and a proper ground for divorce(Khula) is justified. • However, if the husband insists on his charges of adultery committed by his wife then, further, four oath are to be taken by the husband and subsequently four oath by the wife to prove her innocence and if proven, she is entitled to divorce(Khula). This was the procedure on how to get a divorce (Khula) from husband by Muslim women in India by the method of Lian.

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