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Khula from 1st husband and marrying other person


23-Mar-2024 (In Muslim Law Law)
My sister married to a man in Feb 2021.Her husband has extra marital affairs and is not fulfilling my sister's emotionally, physical and financial needs.She wants to take Khula from her husband and want to get married to someone else in future..we want to know after how much time of taking khula from her husband,she can marry to someone else either through court marriage or by Islamic rituals
Answers (3)

Answer #1
684 votes
After the iddat period, which is three menstrual cycles, she can marry again.

Procedure for Khula:
1. Consult a lawyer and send a legal notice to the husband for khula, outlining reasons. If he agrees, a mutual understanding document will be drafted, detailing terms like the return of belongings and financial settlements. If parties agree, they won't approach the court in the future.

2. If husband disagrees:
i. Approach All India Muslim Personal Law Board or Shia Imam's Qazi. If husband agrees, khula occurs. If not, Qazi nullifies the marriage.
ii. Challenging Qazi's decision in court is common. Court often deems such institutions unauthorized.
iii. Alternatively, approach civil court for divorce, which can take years. If husband refuses khula, court nullifies marriage, though it may not align with Islamic law.

Legal advice is crucial. Lawyer can pressure husband for mutual understanding or recourse through Islamic institutions. Legal action against husband can expedite divorce proceedings.
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Answer #2
683 votes
The Muslim Personal Law will apply here. Hence, under Islamic Law the waiting period is known as the 'iddah period' and is typically three menstrual cycles.
The grounds of khula can be cruelty. Only if it's substantiated by evidences or circumstances inferring cruelty, generally Qazis only then grant khula.
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Answer #3
736 votes
According to sharia law, if your sister offers Khula then her husband has to accept the same and there has to be some consideration for such release which your sister has to pay or give. After khula your sister can marry after ninety days of iddat period if she is not pregnant. You need to hire expert advocate to draft the deed of Khula n others legalities
Plz b in touch
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