Difference Between Khula and Talaq (Divorce)
- Date modified:
- 2024-03-02
- 1:31 pm
Difference Between Khula (خلع)and Talaq (طلاق Divorce)
The difference Between Khula and Talaq is explained by our Senior Divorce & Family Lawyer. Talaq and Khula both terminate a marriage bond according to Law and Islam. In Islam, a married woman is entitled to ask for a divorce or get a divorce if she separates from her spouse through Khula (divorce on wife’s demand). Following a divorce, it is the husband’s responsibility to provide for the children’s education and all other expenses.
The difference between Khula and Dissolution of Marriage (تنسیخ نکاح) is that in accordance with the Dissolution of Muslim Marriages Act (1939), a judicial khula may be granted without the consent of the husband if the wife is willing to give up her monetary rights. The wife is required to waive off her haq mehr/dower amount at the time of filing the khula suit if it hasn’t been paid. Gifts given to the wife by her husband or his family do not necessarily have to be returned. Depending on the facts and other evidence in the case, the court determines how much and what to return. As long as the wife does not pay back such items, Khula is still effective. The husband must file a separate suit for recovery of the donated items. The Family Court will issue a decree after the hearing and notify the Chairman of the Arbitration Council or the Union Council. Khula takes effect after 90 days have elapsed from the Talaq notice.
Khula is a Legal Right of a Muslim Woman
In Pakistan, a woman can have several reasons to consider for getting Talaq or Khula. In Pakistan, women are permitted to seek a judicial divorce as her legal right, by knocking on the door of the court.
The mentality of Pakistani women is gradually changing as they want to escape loveless marriages and abuse by their husbands and other in-laws, so educated women living in the big cities do not hesitate to contact a divorce lawyer to file the lawsuit for Khula or Talaq (Dissolution of Marriage). Traditionally this was deemed taboo in Pakistani society, and it is still associated with a lot of dilemmas, but the world has changed tremendously, thanks to fast-moving technology. But as a strict Muslim nation, the number of women with the courage to seek divorce remains small due to many social behaviors.
Talaq (Divorce) can be pronounced by husband
Talaq: It is an Islamic divorce in which the husband terminates the marriage contract voluntarily. Under section 7 of the Muslim Family Laws Ordinance 1961, a husband can pronounce talaq both orally and in writing. While the wife receives written notice of divorce or oral talaq. Upon pronouncing 3 times Talaq or signing a divorce deed, the husband must send a written notice by registered mail to the Union Council or the appropriate government office. The husband is required to provide the address of his ex-wife in the said notice, which will allow the Union Council/local Government office/Cantonment Board to mail notices to her by registered mail and to constitute an arbitration council within 30 days of receipt of notice for reconciliation and settlement. After three monthly notices (90 days), the Union Council or Chairman Arbitration Council must issue a divorce certificate. The applicant can be represented by an attorney or a lawyer on his behalf in the absence of the applicant. The reason behind this law is to protect women from immediate or unrecorded divorce was the objective.
Verbal Talaq (Divorce) is Not Recognized By Law
In law, a verbal talaq is not recognized and the husband’s failure to inform the government office of the divorce constitutes no divorce. In any case, it is also crucial to note that Islamic scholars hold that divorce once declared by the husband and khula once obtained from a court of law are valid and binding.
Wife’s Right of Khula (Divorce) or Talaq
A wife can also unilaterally dissolve her marriage if her husband has entrusted her with the right to divorce in her marriage contract (Nikahnama). The wife cannot dissolve her marriage by herself if the right of divorce is not given to her, and it is not mentioned in the Nikahnama, but she still has the right to apply for the dissolution of marriage or Khula in the Family Courts of Pakistan.
Khula (Divorce By Way of Khula)
Khula is also known as dissolution of marriage by way of Khula (خلع).
Grounds on which a woman may seek Dissolution of Marriage (تنسیخ نکاح) include:
- Four years of husband’s abandonment.
- Two years of failing to maintain the wife.
- Contravening established legal procedures, the husband contracts a polygamous marriage.
- A seven-year sentence for the husband.
- During the past three years, the husband failed to fulfill his marriage obligations.
- Since the marriage, the husband has been impotent.
- For a long time, the husband suffered from serious illness or insanity.
- If a wife was contracted into marriage before the age of 16 by any guardian, she can exercise her right to repudiate the marriage before the age of 18 (if it has not been consummated).
- Unfair treatment of co-wives by your husband, including physical abuse or other mistreatment,
- According to Muslim law, there can be any other grounds for dissolving a marriage, which the court deems fit.
FREE LEGAL ADVISORY SERVICE FOR KHULA & TALAQ
If you are facing any domestic or family dispute, you can visit our office in Karachi or Islamabad for free legal advice by our Senior Divorce and Family Lawyers. If you have decided about divorce, khula or dissolution of marriage, we advise you to reconsider it, as it should be avoided, as much as possible. But if there is no way other than Khula, Talaq or dissolution of marriage, our senior divorce and family lawyers would solve your problem, through the court of law or through arbitration.
For further detailed information about Child Custody, Child/Children Maintenance, Wife’s Maintenance, Child Adoption, Recovery of Dowry Articles, Recovery of Dower Money (Mahr or Mehar), please visit Right Law Associates (Pvt) Limited or Divorce Lawyers in Karachi or Islamabad. If you are a gentleman and you have no other way except to give TALAQ to your wife, then you can contact Mrs. Sobia Mohsin, Divorce and Family Lawyer at our Karachi office or visit https://www.3Talaq.com