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Regarding khula process which done by qazi


05-Nov-2023 (In Divorce Law)
Actually my sister went to the qazi for khula in month of oct 2017 ..and she did recieved its khula paper as talaak e tafvid book no( D) at the end of november 26 ...qazi send two letter but he got back the twoletter to his adress ...and even my sister husband come to house in the month november 2017..he said y u applied for khula .....as my sister dont want to stay with him...ow aftrr 3 year he cased a file in court regarding my sister that he didnt recieve the khula paper ...how can qazi approve khula paper..a case is going to be conduct in civil court mat suit no 31....we received the letter for the case on 20/10/21...long gap of 3years ...he didnt show his face ..but recently my sister got married in may 2021...might be he heard of this from someone ...thats y he doing this all..plz help me what should i do in this situatuon
Answers (4)

Answer #1
284 votes

In a Khula (wife-initiated divorce), a Qazi may assist in facilitating the process, especially if the husband consents. However, if the husband refuses, the wife must approach a family court. In India, only the court can grant the final divorce decree the Qazi's role is mainly advisory or supportive, not legally binding.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
639 votes
you had finally got talaak in year 2017 then you have to prove in court where civil mat suit is filed that your sister got talaak from her ex - husband and he even didn't met her for long period of time more then 3 years and unnecessarily filed achi case against your sister
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Advocate Priyanka Singh

Adv. Priyanka Singh

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Answer #3
931 votes
you must immediately send a letter to the qazi and also the marriage your sister has done without obtaining papers in hand and divorce is wrong, you must protect the documents of the present marriage, detailed discussion is required
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Advocate Aveek Bose

Adv. Aveek Bose

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Answer #4
636 votes
im not fully conversant with muslim law but if the husband was aware of the khula then it would be presumed that he knew he was given khula by your sister and the khula will be complete. moreover the fact that the husband didn't contact for three years will be a condition in your favor. do not worry just contest the suit filed by the husband. he will not get any relief from court if the suit is fought properly. he might be doing this to get money from you.
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Advocate Tanmoy Chattopadhyay

Adv. Tanmoy Chattopadhyay

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