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Procedure to file a mutual consent divorce in Muslims
31-Mar-2023 (In Divorce Law)
We got married in the year 2015. Since then things have not been very stable between us.My husband stays abroad for major part of the year and refuses to take me along.We are not happy with our marriage and thus want to go in for a mutual divorce.Can you please give me some guidance about mutual divorce.We are Muslims.
Under Muslim Law, there are two forms of mutual consent divorce, namely: Khula and Mubarat.In both these forms, the wife agrees to part or let go of her dower or a part of some other property.As per Muslim Law in the case of mutual consent divorce, the wife needs pay some compensation for dissolving the matrimonial union.
Under Khula, the wife gives or agrees to give a consideration to the husband for her release from the marriage tie. Relieving the husband from payment of Mahr to the wife is also a consideration.
Under Mubarat, both husband and wife are against the continuation of marriage and want to separate.
In Sunnis when the parties to marriage enter into a mubarat all mutual rights and obligations come to an end. However, the Shias insist on a proper form. The Shias insist that the word mubarat should be followed by the word talaq, otherwise no divorce would result.
Among both, Shias as well as Sunnis, mubarat is irrevocable. Other requirements are the same as in khula and the wife must undergo the period of iddat and in both these forms, a divorce is essentially an act of the parties, and no intervention by the court is required.
Under Khula, the wife gives or agrees to give a consideration to the husband for her release from the marriage tie. Relieving the husband from payment of Mahr to the wife is also a consideration.
Under Mubarat, both husband and wife are against the continuation of marriage and want to separate.
- Either the husband or the wife can make the offer.
- The other must accept it.
- When accepted, it becomes irrevocable
- Iddat period necessary
In Sunnis when the parties to marriage enter into a mubarat all mutual rights and obligations come to an end. However, the Shias insist on a proper form. The Shias insist that the word mubarat should be followed by the word talaq, otherwise no divorce would result.
Among both, Shias as well as Sunnis, mubarat is irrevocable. Other requirements are the same as in khula and the wife must undergo the period of iddat and in both these forms, a divorce is essentially an act of the parties, and no intervention by the court is required.
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Adv. Sudershani Ray
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