Monday, 3 September 2018

Difference between Khula and Divorce

Divorce is the right of man while khula is the right of woman. A man can divorce his wife while a woman can take khula from her husband. The man can exercise his right directly while a woman cannot be granted khula unless the Qazi (Judge) is satisfied.

There are few grounds of Khula which include non maintenance of husband, impotency, cruel treatment, leading the wife to immoral life, etc.. Above all these grounds it is settled principle that if a wife hates her husband then hateful union cannot continue and Khula is usually granted on this ground.

A wise lawyer knows exactly which grounds to apply and which not to invoke in a particular case of khula. Similarly if a man exercises his right of divorce, he has to follow the legal procedure of divorce as mentioned in section 7 of Muslim Family Laws Ordinance 1961.

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