KHULA AS MODE OF TALAQ

(By. Malik Muhammad Ummer Awan) E-mail: bristersinn@gmail.com

1).INTRODUCTION
Khula is one of the modes of Talaq in which wife gives considerstion to
her husband for her release from marriage tie.
2).RELEVANT LAW
Dissolution of Muslim Marriages Act (1939)
(i) that the whereabouts of the husband have not been known for a
period of four years;
(ii) that the husband has neglected or has filed to provide for her
maintenance for a period of two years;
(ii-A) that the husband has taken an additional wife in contravention of
the provisions of the Muslim Family Laws Ordinance, 1961;

3).INTERPRETATION OF TALAQ BY WAY OF KHULA (iii) that the husband has been sentenced to imprisonment for a period of
seven years or upwards;
When the wife seeks divorce by returning her dower to the husband it is
called Talaq by way of Khula. (iv) that the husband has failed to perform, without reasonable cause, his
marital obligations for a period of three years;
4).REFERENCE FROM QURAN
(v) that the husband was impotent at the time of the marriage and
Surah Al-Talaq, Verse.1 continues to be so;

When you divoce women divorce them keeping in view iddat and fear (vi) that the husband has been insane for a period of two years or is
Allah. suffering from leprosy or a virulent venereal disease;

5).NATURE OF TALAQ
By Nature Talaq is an Absolute Power of the Husband to dissolve valid
marriage.
6).CAPACITY FOR PRONOUNCEMENT OF TALAQ
Sound Mind, Who has attained age of puberty.
7).TALAQ AS MOST DETESTABLE (HATEFUL) THING
(vii) that she, having been given in marriage by her father or other
guardian before she attained the age of sixteen years, repudiated the
marriage before attaining the age of eighteen years:
Provided that the marriage has not been consumated;
(viii) that the husband treats her with cruelty, that is to say,
(a) habitually assaults her or makes her life miserable by cruelty of
conduct even if such conduct does not amount to physical ill-treatment, o

According to Hazrat Mohammad (Saw) (b) associates with women of evil repute of leads an infamous life, or

With Allah the Most Detestable of all things permitted is divorce. (c) attempts to force her to lead an immoral life, or

8).SCOPE OF KHULA (d) disposes of her property or prevents her exercising her legal rights
over it, or
2013 PLD 12 (PESHAWAR-HIGH-COURT-NWFP)
(e) obstructs her in the observance of her religious profession or practice,
MUHAMMAD FAISAL KHAN or

(Versus) (f) if he has more wives than one, does not treat her equitably in
accordance with the injunctions of the Quran,
Mst. SADIA
(ix) on any other ground which is recognized as valid for the dissolution
khula being right of wife to seek divorce by returning her dower to of marriages under Muslim Law,
husband.
11).CONSIDERATION FOR KHULA
9).ESSENTIAL REQUIREMENT FOR KHULA
Mst. MUSSARAT IQBAL NIAZI
2013 MLD 305
(Versus)
Wife could exercise such right where circumstances made it impossible
for her to live with her husband within limits of Allah. JUDGE FAMILY COURT (2013)

10).GROUNDS FOR KHULA consideration for Khula was to be the said amount which was specifically
mentioned in the Nikahnama.
(Section. 2 of Dissolution of Muslim Marriages Act, 1939)
12).LEGAL CONSEQUENCES OF DISSOLVED MARRIAGE BY WAY OF 13).IDDAT PERIOD IN CASE OF KHULA
KHULA
90days
 Sexual intercourse become unlawful
14).CONCLUSION
 Period of Iddat Starts
According to the "dissolution of Muslim Marriage Act" passed in 1939,
 Right to Contract another marriage judicial Khula was allowed to be authorized without the husband's
consent if the wife was agreed to forfeit her financial rights.
 Ceseation of mutual right of inheritence

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