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Author Topic: After filing 498a, divorce by means of "Khula" possible in Muslim Personal Law?  (Read 1006 times)

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Offline Mudassar Shaikh

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My wife has filed 498a against me & my family 8 months back. Every one got bail & now the matter is pending in court from last 7 months. Case have not even started up. Charges filed are 498a, 342, 323, 504 & 506.

No divorce is initiated by either of the party after this.

Now my in-laws have realized that their daughter is stuck in this court case & i can easily move for 2nd marraige as per Muslim Personal law. We both are Muslim family & it was a arrange marriage done by nikaah.

My in-laws are planning to get their daughter married again & getting a divorce by means of "Khula" as they realise this court case will go on for years. I have not given any talaaq / divorce to her.

The main point here is, can a muslim women get divorce directly via means of "Khula" even if the matter is pending in court? is it possible as per the law?

I need serious & expert suggestion as how to stop this!

Kindly advise


Offline advjaibansal

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Dear Sir,

IF the choice of Khulla is given in the Nikahnama, then your wife can certainly get married by exercising her rights. As you can get married again as per Muslim Law, she may also get married if the said choice is given in the NIkahnama. Normally khulla is exercised when both the parties are ready for divorce. Rather than fighting, why don't u settle the matter and give talaq to your wife and get rid of these court cases.

jai bansal, advocate
new delhi
supreme court of india
jai bansal
Advocate, New Delhi
Supreme Court of India
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