Dissolution of Marriage can be done by way of Talaq or Khula
General Information
A Muslim Marriage is a contract and can be dissolved like any other contract. It is automatically dissolved on the death of one of the spouses. Other than this, both wife and husband have legal and religious rights to dissolve a marriage.
A husband has the unilateral right of Talaq, which can never be taken away but can be restricted through the Nikahnama (clause 19).
A wife can dissolve her marriage unilaterally only if the right of divorce has been unconditionally delegated to her by the husband in the Nikahnama (clause 18).
Other forms of dissolution of marriage which the wife can use are Khula and Judicial Divorce (including option of puberty). These both have to be sought through the Family Courts.
No matter whether the marriage has been dissolved through talaq, khula or judicial divorce, it is vital that legal procedures be properly followed. Failure to do so can raise doubts about the effectiveness of the divorce and lead to serious legal problems, such as a case of bigamy and zina against a woman who later remarries, or difficulties in settling issues related to the divorce such as past maintenance or claiming deferred haq mehr. The paternity of children can also be disputed.
In addition to any court decree, the woman must make sure she collects her Talaqnama Certificate from the Union Council and keep it somewhere safe.
