Filing a divorce and throgh the process of khula

706 votes

as per the Muslim. laws there is iddar and talak and then solemnlizen of marriage you have to go before the appropriate authority under the Muslim lawsuit, you are going through the khula process then you d see how it goes

Advocate Spiti Sarkar LawRato

783 votes

Under Muslim law, Khula is a divorce initiated by the wife with the consent of the husband. Generally, a wife is entitled to maintenance only during the iddah period. However, if she is unable to maintain herself, she may seek maintenance under Section 125 CrPC as per judicial interpretations. For legal proof, the Khula should be documented through a written agreement or confirmed by a Family Court/Qazi so that the divorce can be officially recognized.

Advocate Vinita Pandey LawRato

807 votes

In case of divorce through khula, your rights depend on both personal law principles and statutory remedies available in India. Under Muslim law, generally after khula, the husband is liable to maintain the wife only during the iddah period. However, this does not mean you are left without remedy after iddah. You can still claim maintenance under Section 125 CrPC if you are unable to maintain yourself. The Supreme Court has clearly held that a divorced Muslim woman can claim maintenance beyond iddah if she is not financially independent. Additionally, under Muslim Women (Protection of Rights on Divorce) Act, 1986, you are entitled to a fair and reasonable provision, which is not restricted only to the iddah period but is to be made within that period for your future as well. Regarding registration of divorce after khula, khula itself is a valid form of divorce if properly effected. However, for legal proof and record, it is advisable to: * Execute a written khulanama (divorce document) * Get it notarised or attested * If required, file a declaration suit before the Family Court for official recognition This will help in future legal matters as documentary proof of divorce. So, even after khula, you may have a right to maintenance depending on your financial condition, and proper documentation or court declaration will ensure your divorce is legally recognized.

Advocate Aprajita Shukla LawRato