Procedure for Mutual divorce under Muslim law..

505 votes

This is my response to you:
1. Parties mutually agree to dissolve the marriage, it is known as ‘Mubaraat’;
2. You will need to file a petition in the court;
3. You will need all the important documents such as marriage certificates and other documents regarding identity proof;
4. Consult a local lawyer to understand it better.

Advocate Gowaal Padavi LawRato

933 votes

Divorce by mutual agreement:
Khula and Mubarat: They are two forms of divorce by mutual consent but in either of them, the wife has to part with her dower or a part of some other property. A verse in the Holy Quran runs as: “And it not lawful for you that ye take from women out of that which ye have given them: except (in the case) when both fear that they may not be able to keep within the limits (imposed by Allah), in that case it is no sin for either of them if the woman ransom herself.” The word khula, in its original sense means “to draw” or “dig up” or “to take off” such as taking off one’s clothes or garments. It is said that the spouses are like clothes to each other and when they take khula each takes off his or her clothes, i.e., they get rid of each other.

In law it is said is said to signify an agreement between the spouses for dissolving a connubial union in lieu of compensation paid by the wife to her husband out of her property. Although consideration for Khula is essential, the actual release of the dower or delivery of property constituting the consideration is not a condition precedent for the validity of the khula. Once the husband gives his consent, it results in an irrevocable divorce. The husband has no power of cancelling the ‘khul’ on the ground that the consideration has not been paid. The consideration can be anything, usually it is mahr, the whole or part of it. But it may be any property though not illusory. In mubarat, the outstanding feature is that both the parties desire divorce. Thus, the proposal may emanate from either side. In mubarat both, the husband and the wife, are happy to get rid of each other . Among the Sunnis when the parties to marriage enter into a mubarat all mutual rights and obligations come to an end.

The Shia law is stringent though. It requires that both the parties must bona fide find the marital relationship to be irksome and cumbersome. Among the Sunnis no specific form is laid down, but the Shias insist on a proper form. The Shias insist that the word mubarat should be followed by the word talaaq, otherwise no divorce would result. They also insist that the pronouncement must be in Arabic unless the parties are incapable of pronouncing the Arabic words. Intention to dissolve the marriage should be clearly expressed. Among both, Shias and Sunnis, mubarat is irrevocable. Other requirements are the same as in khula and the wife must undergo the period of iddat and in both the divorce is essentially an act of the parties, and no intervention by the court is required.

Divorce by wife:
The divorce by wife can be categorized under three categories:
(i) Talaaq-i-tafweez
(ii) Lian
(iii) By Dissolution of Muslim Marriages Act 1939.

Advocate Dhananjay Ravikant Gangawane LawRato

592 votes

From court you cannot get Mutual Consent Divorce under Muslim law. If you want the divorce from Court , wife can file for contested Divorce in Court .During counselling husband can agree for it and then they can agree upon the Consent Terms regarding custody,access,Maintenance,property, residence and taking Mubara. After this both of you can get Mubbara from a quazi and file the same in Court, and an order based on the consent terms .

Advocate Shalini Devi LawRato

496 votes

Mutual Divorce Under Muslim Law: Khula or Mubarat is the two types of divorce/agreement. Khula: According to this type of mutual divorce, the agreement is between husband and wife to dissolve their union by giving a portion of the womans property to her husband as compensation.

Advocate Chikirsha Mohanty LawRato