MUSLIM DIVORCE FORM

No, triple talaq was declared unconstitutional in 2017 and is now a criminal offense. Other forms of talaq and divorce options are still available.

Source – https://www.bbc.com/news/world-asia-india-41008802

Essential documents for a Muslim divorce may include:

• Nikahnama – The original marriage contract (if available)
• Address proof of both parties (generally, Aadhaar cards of both parties)
• ID proof of both parties
• Passport-sized photographs of each party
• Khulanama or Mubaratnama or MoU (if available)
• Documents related to alimony, child custody, and property division (if applicable)

Interestingly, you don’t need to prove specific grounds like cruelty or neglect for a mutual consent divorce (Mubarat) under Muslim law. The main requirement is that both you and your spouse genuinely agree to end the marriage.

Source – https://adjuvalegal.com/divorce/muslim-divorce-laws-in-india/

No, it is not necessary for both parties to appear in person in court for the divorce in case of Khula and Mubarat. But in case of mutual divorce by court, the presence is required.

A mutual divorce by Khula or Mubarat can be withdrawn before the court finalizes it, but conditions and timelines apply.

While not legally required in the beginning, involving a Maulana after the papers are prepared is often considered important in Khula or Mubarat.

Divorce by mutual consent is a less adversarial and time-consuming process compared to a contested divorce. It allows couples to end their marriage amicably, saving them from the emotional and financial strain of a prolonged legal battle.

If a couple can’t agree on alimony or child custody in a mutual divorce, they may need to resort to mediation or court intervention to resolve the issues.

Yes, thanks to platforms like Adjuva Legal, initiating the process of Khula and Mubarat can now be done online!

Yes, NRI couples can obtain Khula or Mubarat in India, but they should be prepared for potential jurisdictional and procedural challenges.

After a divorce through Khula or Mubarat, the couple can remarry with a new marriage contract (nikah) anytime after the iddat period is over. There is no requirement for Halala in these cases.

The main types are Khula (initiated by the wife), Mubarat (mutual consent), and judicial divorce (through the court).

In Islam, a mutual consent divorce is when both the husband and wife agree to end their marriage. It’s known as “Mubarat” and reflects the importance of mutual agreement in matters of marriage and divorce.

Both are forms of divorce where the wife plays an active role.

In Khula, the wife initiates the divorce and usually offers compensation to the husband. In Mubarat, the decision to divorce is mutual, and compensation may or may not be involved.

Yes, mutual consent divorce is permissible in Islam. Khula, Mubarat or divorce by court can be considered as mutual consent divorce under Muslim law.

Mutual consent divorce can be less complex than other forms of divorce, saving time, money, and emotional stress. It allows couples to reach an agreement on their own terms, promoting a more peaceful separation.

The Mehr belongs to the wife. In mutual consent divorce, she may choose to keep it, return it, or forgo some of it as part of the settlement.