Muslim Mutual Divorce or Khula

Khula, the third type of divorce, is the unconditional and absolute right of the Muslim wife, is on a par with the husband’s right to talaq, and is not subject to his consent. Several State laws such as in Odisha, Bihar, Assam and West Bengal do provide for the registration of khula. It is wrong to presume that she must necessarily surrender her mehar (dower) for getting khula because the Koran discourages men to take back the gifts given to their wives and the dower is indeed a free gift. The moment she decides to divorce her husband under khula, the husband has no right to oppose it.

Muslims upon desire may choose to seek divorce mutually through Khula, etc where they may decide the terms mutually and have the same facilitated by a Qazi. The said service depending upon the clients and its needs can be provided for drafting the talaq and also for execution before Qazi (Maulana), between the couple and obtaining the said talaq.

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