MUTUAL DIVORCE
When any couple decides to divorce, it’s somehow intended to have peace whether mental or financial. If the divorce is not been perform in mutual consent both of the parties faces a lot of legal complexities and anxieties regarding mutual settlement of Asset, Custody of Child, recovery of maintenance and dower and many other issues. Mutual Divorce can heal and release you from the depressing process.
WHY MUTUAL DIVORCE IS BETTER ?
If the parties to a divorce hardly decides that, in no situation they will live together and no compromise to be allowed from any person they should go for mutual divorce. In Islamic sense, Khola Talaq. It is such a procedure where, the parties willingly apply to the Kazi or Nikah Register or Competent Court of law claiming that, they have mutually decided and closed all due transactions among them and now willing to register the divorce with immediate effect.
In such situation, the divorce to be registered immediately without any further proceedings. Either the husband or the wife can not be able to raise any further claim regarding the Dower, Maintenance or other rights and the marriage immediately collapsed.
EASY PROCEDURE OF DIVORCE
Among all practicing process of divorce, mutual divorce is the easiest, time saving and cost efficient. A part from the general view, such types of divorce abolish post separation complexities, animosity and misunderstanding.
In mutual divorce, both of the parties entered into a contract where both of them can write down there claims and demands. In contrast to the divorce by a court, here the parties make their own rules and liabilities and for that a better understanding exist for peaceful separation.
MODES OF MUTUAL DIVORCE IN MUSLIM LAW
(A) KHULA TALAQ
Khula Talaq means “Draw off” or “Put Off”. The literal view of the Khula talaq is to compensate husband for freeing her from the marital relationship. Social observation shows that, Husband rarely been compensated by the wives.
Rather, the accounts of both parties adjusted to release all further claims from both side. Commonly, the husband pays whether fully or partly of the dower amount payable to wife, or any consideration amount payable for receiving any gift during marriage.
Its stated in the holy Quran that, “It is not lawful for you (husband) to take from (wives) anything of what you have given them; except (in case) when both fear that they cannot keep limits imposed by Allah. And if you fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if she ransoms herself on payment”
(B) MUBARAT
Mubarat means release. It’s a procedure of dissolution by mutual consent and agreement. The difference between the previously discussed Khula and now Mubarat is that, In Khula, the wife gives the consideration to her husband and the proposal is from her side. But, in Mubarat both parties mutually go for separation of marriage tie. In Mubarat, the divorce got an immediate effect and it is irrevocable in nature.
LEGAL EFFECT OF MUTUAL DIVORCE
As Muslim marriage is considered as civil contract it creases some liabilities even after the dissolution. In this section, we will discuss only the effect of a mutual divorce.
PAYMENT OF MOHR or DOWER
The wife is always entitled to get the unpaid portion of her dower whether the divorce is revocable or irrevocable. In mutual divorce, the wife has the choice to retain or release his claim of dower as per settlement between both.
INHERITANCE
In case of irrevocable divorce, the right to inheritance cease for both the husband and wife. When the divorce is revocable and taken place but the iddat period is still running the right of inheritance is lawful if any of the party dies.
MAINTENANCE
In case of irrevocable divorce the wife is only entitled to get maintenance when she is pregnant.
SEXUAL INTERCORSE
Sexual cohabitation between the divorced couple becomes unlawful when the divorce is irrevocable and final.
REMARRIAGE
Once the divorce become final, there is a provision of Islamic law to remarry the same couple by an intervene of marriage with another man and taken divorce from there. This is known as Hilla marriage.
But, the statutory law of the country brought some revolutionary change that marriage with a third party is not necessary to remarry the same couple. They can marry each other as the usual process of ordinary marriage recommended by Islam.
WHY DO YOU NEED A LAWYER ?
Being a practicing lawyer, I witness a lot of scenario that most of the divorce applicants faces complexities due to their ignorance of law and its operation. As the whole moments goes stressful and depressing most of the clients faces mental harassments to complete the process softly.
In my view, it is better to take suggestion from expert lawyer before filling a plaint. You may try for free advice from the specialist firm like AIN BISHAORD and some other exist.
Thus, by hiring an attorney a person can make sure that he can avoid delay and get the divorce completed as quickly as possible with efficient costing.
