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Divorce through khwaji


13-Sep-2023 (In Muslim Law Law)

Sir/mam I want to file divorce against my spouse since I married through Muslim law can I give talaq through khwaji ? And if send it through him since khwaji is appointed by govt doesn't it become any hurdle for me I want to give divorce on grounds of cruelty by in laws and their daughter

Answers (1)

Answer #1
570 votes
It is unclear from your question whether you are the husband or the wife. Assuming, you are asking for the procedure the wife can adopt; Yes you have a right to ask for Khula by a Qazi. But the Khula to result into annullment of marriage would require the consent of your husband. In case he is not consenting and willing to divorce you, you have every right to move under the penal laws against your husband before a criminal court for cruelty etc.
In case you are the husband, you can send the notice for divorce through a Qazi and follow the Islamic procedure for divorce. It would be a valid divorce and sustainable in the eyes of law.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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