Response

Your husband is ready for khula but not for divorce. You can send a legal notice to your husband only if he is not ready for Khula, but when husband is ready to do khula and is ready to give his consent, then legal notice is not required. Among both, Shias and Sunnis, Khula is irrevocable.

The wife must undergo the waiting period of Iddah which is of three months to ensure that youÕre not pregnant before the divorce. In regard to the divorce, if the divorce is not contested then no intervention by the court is required. You can initiate khula, and the khula will be final when the husband accepts it. While accepting khula, you will have to part with the dower, fully or partly or with some property.

You can also seek divorce on the grounds provided in Muslim dissolution of marriage act 1939 on the ground of cruelty by husband by filing a suit in family court to get the divorce decree. Otherwise, you may file a petition for a Qazi to grant you divorce as your husband’s refusing divorce. The Qazi in Masjid will give a document related to Khula, where Husband consent will be recorded along with witness.

Reference:

20210027202100091833

LAWAYZ-2023-383