...discord between the Applicant No. 1-Aftab Farooque Paryani and the Respondent No. 2-Zeenat Aftab Paryani, who were husband and wife at the relevant time. The parties have executed a ‘Deed of Divorce by Khula Talak.... 6,50,000/- from the Applicant No. 1. She states that she has filed the said affidavit in view of the settlement between the parties, which is evidence by the Consent Deed of Divorce by Khula Talak. She...Deed of Divorce by Khula Talak having been entered into between the parties. He further states that in terms of the Consent Deed of Divorce by Khula Talak, he has paid an amount of Rs. 6,50,000/- ...

...appellant-wife claims, or was it a divorce by ‘Khula’, as claimed by the respondent-husband?(ii) Whether, the appellant was obliged to undergo Halala prior to her remarriage with the...respondent on 5th April, 2007?(iii) If the divorce under the Divorce Agreement dated 18th April, 2004 is held to be a Talak by Khula, whether the appellant-wife was obliged to undergo Halala before th...agreement between the appellant and the respondent was by Khula and it became irrevocable from the moment the respondent repudiated the appellant as his wife. He submitted that Khula operates as a single irrevocable ...

...parties decided to get separated.3. Learned counsel appearing for the petitioners and respondent no. 2 submitted that a Deed of Divorce by Khula Talaaq was signed by the petitioner no. 1...to the said efforts, I have settled my grievances out of court, and accordingly a Deed of Divorce (Khula Talak) was executed between me and the Petitioner No. 1, whereby I have agreed inter-alia not to pursue the said FIR lodged ...and the respondent no. 2 on 6/8/2016. Khula Talaaq was obtained by the parties, which has been endorsed in the shape of a certificate issued on the letter-head of Kazi, namely, Maulana Khalil-Ur...

...of both the courts below, submitted that the non-applicant has failed to prove dissolution of marriage between the applicant and the non-applicant. Shri Pathan submitted that a divorce by Khula is a...divorce with the consent, and at the instance of wife, in which she gives or agrees to give a consideration to husband for her release from the marriage tie. A Khula divorce is effect by an offer from...applicant, demand of dowry and deserting her. According to the non-applicant the marriage between him and the applicant was dissolved by Khula on proposal by the applicant on 24-9-1998 and execution of...

...divorce by ‘Khula’ method, the Hon'ble Apex Court in case of Juveria Abdul Majid Patni v. Atif Iqbal Mansoori - (2014) 10 SCC 736, has...pronouncement of Talak by itself is not sufficient to conclude a valid divorce. Appointment of arbiters, conduct of conciliation proceedings to bring about reconciliation and failure of such proceedings, all...held that definite pleading and evidence is required to prove that khula become effective. In absence of definite pleading and evidence, it cannot be concluded with certainty that divorce had indeed...

...dissolution of a marriage by agreement in the form of ‘Khula’ or ‘Mubarat‘. Section 319, Mulla's Principles of Mohomedan Law (Eighteenth Edition) by Hidayatullah, provides for divorce by Khula and...dissolution of marriage by agreement may take the form of Khula or Mubarat. Sub-section (2) provides that a divorce by Khula is a divorce with the consent, and at the instance of the wife, in whic...the divorce does not invalidate the divorce, though the husband may sue the wife for it.’7. A Khula divorce is effected by an offer from the wife to compensate the husband if he releases...

...of marriage as well as the effect of the dissolution. The dissolution of marriage could a either by talak or by khula or by mubara'at or with the intervention of the court. S. 307 deals with the different forms of ...wife cannot divorce herself from her husband without his consent, except under a contract whether made before or after marriage (S. 314), but she may, in some cases, obtain a divorce by judicial decree (Ss. 328-334)....marriage by agreement may take the form of khula or mubara'at. Sub-s. (2) deals with divorce by khula which is a divorce at the instance of the wife, in which she gives or agrees to give a conside...

...pronounce khula.27. Mubaraat: Mubaraat is a form of separation by mutual consent. Dr.Justice Kauser Edappagath ('Divorce and Gender Equity in Muslim Personal Law of India') after...court on wife's request on any ground recognised by Muslim law. It is entirely different from khula [divorce by husband in wife's demand] and talaq-etafwiz [divorce by wife's own actio...for seeking divorce from her husband. It is further submitted that like talaq, there are no specific stages or procedures to be complied by the wife before seeking divorce invoking khula. According to...

...present case, the petitioner and the respondent no. 1 have obtained divorce i.e ‘Khula’, which is evident from the deed of talaq by ‘Khula’ method dated 28 January 2008, which is placed on record and marked as Exhi.... Jabeen.1, to submit that a wife who had obtained divorce by Khula method against her husband, cannot claim maintenance under Section 125 of the Cr.P.C without following the due procedure as...stipulated in section 125 of the code. We may note that while taking note of the factual score to the effect that the plea of divorce was not accepted by the Magistrate which was upheld by the High Court...

...law “faskh” is only one part of the law of divorce and means termination of marriage by a court on wife's request on any ground recognised by Muslim law. It is entirely different from khula [divorce ...reason for seeking divorce from her husband. It is further submitted that like talaq, there are no specific stages or procedures to be complied by the wife before seeking divorce invoking khula.... According to the learned Amicus Curiae, the scholars state that it is the husband who should divorce his wife when it was sought by the wife invoking her right of khula. It is also submitted that the...

...Muslim Personal law is complete when either of the spouse pronounce/declare talaq, talaq-e-tafweez or khula, as the case may be, in accordance with Muslim Personal Law. So also extrajudicial divorce by...formal order declaring the marital status without any delay. If any of the parties want to challenge the extrajudicial divorce by talaq, khula, mubaarat or talaq-e-tafweez mode, he/she is free to...competent to endorse an extrajudicial divorce to declare the marital status of a person. It was made clear in the said judgment that in the matter of unilateral dissolution of marriage invoking khula and...

...that "Khula" is a mode of dissolution of marriage by agreement between husband and wife and the divorce by "Khula" is divorce by consent at the instance of t...dissolved. Even assuming for the sake of it the marriage stands dissolved by Khula taking it to be divorce by consent at the instance of the wife, the husband cannot be completely absolved of his liablity to.... The said prayer for divorce was opposed by the petitioner by filing written statement. On the very same day when the proceedings were instituted for divorce, the...

...means of divorce, at the instance of the husband. “Khula”, is another mode of divorce, this divorce is at the instance of the wife. The third category of divorce is “mubaraat”—divorce by ...advised, without publicity or mud-throwing or by resorting to trickery or deception.139. Verse 128 provides for divorce at the instance of the wife—“khula”. It provides for....***123. Every divorce pronounced by the husband shall be revocable, except a third-time divorce, divorce before ...

.... Under Muhammadan law, a woman can be divorced through “Talak-al-sunna”, or through ‘Talak-al-bida’ or ‘Talak-e-tafwis’ or by a bilateral divorce (either Mubara' at or Khula) or through the...' at” (Section 319 of the Mulla's Principles of Muhammadan Law ……….edited by Justice Hidayattulla). In Mubara'at form of dissolution of Khula form of dissolution, divorce is effected through agreement...Law. “Unless it is otherwise provided by the contract, a divorce effected by Khula or Mubara'at operates as a release by the wife of her dower, but it does not affect the husband to maintain her during...

...otherwise provided by the contract, a divorce effected by Khula Talak operates as release by the wife of her dower, but it does not affect the liability of the husband to maintain her during the...section 127 and if there has been a divorce and wife has received her dower and other dues then she cannot claim maintenance under section 125. I am fortified in my view by the decision of the Division...may be dissolved not only by Talak, which is the arbitrary act of the husband, but also by agreement between the husband and wife. A dissolution of marriage by agreement may take the form of Khula TaJak...

...supported by clergies and the hegemonic masculinity of the Muslim community who are unable to digest the declaration of the right of Muslim women to resort to the extra-judicial divorce of khula...that khula is a divorce by mutual consent or agreement, with the 14 R.P.No.936 of 2021 in MAT.Appeal No.89 OF 2020 ...cited as the procedure to be followed for extra judicial divorce by khula at the instance of the wife. 20. We have to differ on the point of procedure cited by the...

...between the husband and wife and subsequently they have compromised the matter and infact divorce has taken place by executing Khula nama on 15.06.2015 itself. The husband has already been remarried and he....3. Learned counsel for respondent No. 2 has no objection to quash the proceedings as the matter is already settled by both the Parties long back.4. On the responsible...submission made by the counsel for respondent No. 2 and petitioner, this petition deserves to be allowed. Hence, the following:5. The proceedings pending on the file of the VIII Additional...

...: 3. A mubrara'at divorce like Khula, is a dissolution of marriage by agreement, but there is a diference between the origin of the two. When the aversion is on the side of of...mubara'at divorce may proceed from the wife, or it may proceed from the husband, but once it is accepted, the dissolution is complete, and it operates as a talakibain as in the case of Khula...the wife, and she desires a separation, the transaction is called Khula. When the aversion is mutual and both the sides desire a separation, the transaction is called mubara'at. The offer in a...

...women is known as Khula. In fact in Chapter 2 Verse 229 refers right of men to pronounce talaq by husband alongside the right of wife to repudiate marriage by khula. As per the Qur'anic injunction, no consent of th...follow an old 19 century case decided by Privy Council, which is nothing but a distorted view of the Muslim law of khula. In the said case it was held that divorce by khula would become effective only...the ground that divorce is not in accordance with Islamic law.4. W.P(C) Nos. 25318 and 26373 of 2015 & W.P(C) No. 11438 of 2016 are filed by persons professing Islam and their marriages...

...possible for the parties to reside together and they mutually decided for Talaq (divorce) and their divorce was finalized by Talaq-E-Khula dt.07.09.2022. The respondent has also filed her affidavit...they have mutually obtained a divorce and it was finalized by Talaq-E-Khula on 7thSeptember 2022. 10. We find that the continuation of proceedings in these...challenges the order dated 11thOctober 2022, passed by the High Court of Uttarakhand in C-482 No.666 of 2020, vide which the application filed by the present appellant for...