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Both you and your spouse can end the marriage and divorce each other if you both do not want to continue in the marriage and end all marital obligations.
What is essential in this form of divorce is that both you and your spouse should consent to ending the marriage. This form of divorce is known as Mubara’at.
The word ‘mubara’at’ means ‘freeing one another mutually’. Mutual divorce takes place in the form of ‘Mubara’at’ when:
- Both husband and wife consent to ending the marriage
- This form of talaq becomes effective once both the husband and the wife express and accept mutual consent to end the marriage
- This form of talaq, cannot be revoked.
If you and your spouse decide to end the marriage, this means that certain duties have to be followed such as:
- The wife has to follow the period of iddat after the divorce.
- The wife is generally entitled to maintenance only during the iddat period. During this time, the husband may also have to reasonably provide for her future needs, which can be through a lump sum payment. The children will continue to have a right to maintenance even after the iddat period.1
If you are divorced by mutual consent using this method, then you cannot remarry her again unless certain conditions are followed.
- Danial Latifi v. Union of India, 2001 AIR SCW 3932. [↩]
Nilofar
October 24, 2023
mai mere husband ko divorce dena chahti hu family ke wajah se aur unke nashe karne ki Aadat ke wajah se toh kaiser file karna hoga without dv file kiyee huwe
Sikha
December 10, 2024
Steps to File for Divorce Under Muslim Law
Khula: This is initiated by the wife. You can request a divorce by returning the mahr (dowry) given to you at the time of marriage.
Khula Process-
You can start the process by expressing your desire for divorce to your husband and offering to return the mahr.
Often, families or community elders mediate to see if reconciliation is possible. If not, they help facilitate the divorce. Once agreed, the divorce is documented, and you are required to observe the iddat period (a waiting period of about three months) to ensure you are not pregnant.
Legal Support-
It’s advisable to consult a lawyer who specializes in Muslim personal law to guide you through the process and ensure all legal requirements are met.
If there are disputes or complications, you may need to approach the family court for resolution.
You can file for Khula without filing a Domestic Violence case. The process is separate and does not require proving any form of abuse. Under Section 125 of the Criminal Procedure Code (“CrPC”), you can seek maintenance from your husband even after divorce. This provision is religion-neutral and applies to all women, including Muslim women.
Sources Referred:
https://vakilsearch.com/blog/divorce-in-islam-an-indian-legal-perspective/
https://www.newindianexpress.com/explainers/2024/Jul/14/giving-divorced-muslim-women-their-due
https://theconversation.com/muslim-instant-divorce-law-divides-india-77635