Ismath Azeez
in Family Law
Asked October 13, 2017

Challenging the order for Khula by the Jamat

  • 1 Answer

I'm muslim 25yrs married in 2016 I hav 5months old baby wen I was 7months pregnant my husband and in laws kicked me out of home said me to decide i need husband/mother from 3rd of marriage he blackmail me for thalaq and sending me out of house for silly issues he didn't see the baby till now he was forcing me to take khulla now he has submitted in jamat.they als forCing me to leave my mom she is a widow I'm not happy with jamat decision help me

Answer 1

The exact case does not appear clear from your statement. Hence, I am forced to assume that you have two issues: (i) your family is forcing you to take khula; and (ii) if you do not take khula, your family is forcing you to leave your mother.

In this context, the decision of the Indian Supreme Court in the case of Vishwa Lochan Madan v. Union of India may be noted. The Court ruled that fatwas have no binding value and can be ignored. It is illegal to impose fatwas.  

A woman, including a divorced woman, can seek maintenance under Section 125 of the Criminal Procedure Code, 1973. In the case of Khurshid Khan Amin Khan vs. Husnabanu Mahimood Shaikh, the Bombay High Court noted that the explanation (b) to Section 125 makes no distinction between khula divorce and talaq divorce.

Agree Comment 0 Agrees almost 4 years ago

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