Khula is a divorce with mutual consent and at the instance of a wife. It signifies an arrangement entered into to dissolve a connubial connection in lieu of compensation paid by the wife to her husband out of her property, everything that can be given as a dower. Khula or redemption literally means to lay down.
Khula is a divorce with mutual consent and at the instance of a wife, in which she agrees to give some consideration to her husband. It is basically a “redemption” of the marriage contract. Khula, or redemption, literally means to lay down. In law, it refers to a husband asserting his rights and authority over his wife.
Khula has been aptly defined by their Lordships on the Judicial Committee in Moonshee-Buzlu-ul-Raheem v. Lateefutoonissa. A divorce by khula is a divorce with the consent and at the instance of the wife, in which she gives or agrees to give a consideration to the husband for her release from the marriage tie. It signifies an arrangement entered into for the purpose of dissolving a connubial connection in lieu of compensation paid by the wife to her husband out of her property. Khula, in fact, is thus a right of divorce purchased by the wife from her husband.
Essentials of Khula: There must be an offer from the wife and the offer must be accepted with the consideration for the release by the husband,
Consideration: As regards the consideration, all agree that it can be everything and anything that can be given as a dower. Cases occur in which the wife agrees to pay something by way of consideration for her release but after being divorced by her husband fails to fulfill her promise. In such a case, the divorce doesn’t become invalid and the husband has a right to claim the consideration because as soon as the offer for khula is accepted, it becomes an irrevocable divorce and the wife is bound to observe iddat.
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