Khula Agreement Format

After the Dissolution of Muslim Marriage Act in 1939, Khula could be admitted without her husband`s consent if the wife wanted to lose her financial rights. [24] Marriage is not considered a sacrament among Muslims, but as a civil treaty with “spiritual and moral” nuances. Therefore, marriage may be legally dissolved for “good reasons.” The wife has the right to dissolve the marriage on the basis of Khula if she decides that she cannot live with her husband. In Pakistan, there are two distinct classes of Khula. The first (i) is done by mutual agreement; and (ii) by order of the Qadi court and dissolution of the marriage by the pronunciation of the talaq husband in first class business and by the order of the Qadi or the court in the second class of business. The Quran explains: “Women have rights against men that look like this.” [25] Only a woman wants to divorce her husband; and there are two ways for her to get this divorce or to “khula” (i) she asks her husband to no longer stay in marriage with him; And the husband will explain the divorce to her. (ii) If her husband is not prepared to grant her a divorce, the sharia woman is entitled to go to a Sharia court and submit her divorce case to the Sharia judge. The judge then called the husband and asked him to divorce his wife and release her from the marriage. If the husband refuses for any reason, the Sharia judge has the right to declare a divorce between the husband and wife in the marriage. [26] Yes, they may dissolve their marriage by mutual consent; the divorce in question is called “Talaq-e-Moubarat” Moubarat`s literal meaning is “to obtain each other`s release”.” The offer of separation to Mubarat can go either from the wife or the husband and once it is accepted, the dissolution is complete. A khula divorce is carried out by an offer from the wife to compensate the husband if he releases her from her marital rights, and accepted by the husband of the offer. Once the offer is accepted, it functions as a single irrevocable divorce (talak-i-bain), and its operation is not postponed until the execution of Khulanama (Khula`s act).

Subsection (3) deals with Mubarat. A divorce of Mubarat as Khula, is a dissolution of marriage by agreement, but there is another between the origin of the two. If the aversion is on the woman`s side and she wants a separation, the transaction is called Khula. If the aversion is reciprocal and both parties want a separation, the transaction is called Mubarat.