What If Husband Does Not Agree to Khula – LEX

What If Husband Does Not Agree to Khula - LEX

Separation, khula, or any other form of dissolving a marriage is indeed one of the most tough and distressing decision for a woman. No wife ever wishes to end her marriage unless all other options have been exhausted.

When a wife decides to approach the court for the dissolution of her marriage through khula, she often seeks advice from family and friends or simply—from non-professionals, which can lead to misinformation.

One of the most pressing question that arise is: What will happen if the husband does not agree to khula? Basis of this misconception is that most people know limitedly that only the husband has the right to dissolve a marriage through talaq in a Muslim marriage.

However, this article will clarify all doubts and provide guidance.

Does the Husband’s Agreement to Khula Matter?

In short, the husband’s agreement or lack thereof does not affect the granting of khula by the court. The discretion of the husband carries no weight in the case of khula, as it is ultimately the court’s authority to decide.

The Logic Behind Court-Granted Khula

The Logic Behind Court-Granted Khula

To understand this, we need to take a glimpse of procedure of khula in court.(A detailed step-by-step guide on the legal procedure of khula can be read here.)

  1. Filing a Case for Khula
    When a wife files a case for dissolution of marriage by way of khula, the court issues a summons to the husband and require from him to file a written reply.
  2. Possible Outcomes after summoning Husband
    • Husband Responds to the Summons: If the husband responds to summon and files a reply, the court will still ask the wife whether she wishes to live with her husband or not.
    • Husband Does Not Respond: If the husband chooses not to respond or join the proceedings, the court even in this case proceeds with the case and asks the wife about her choice.

In all scenarios, the court’s decision to grant khula does not depend upon the husband’s willingness or agreement. The law prioritizes the wife’s right to choose. If the wife expresses her unwillingness to live with her husband, the law ensures she cannot be forced against her will.

Legal Precedents Supporting Wife’s Will

  • 2003 MLD 1120: This judgment affirms that a wife cannot be compelled to live with a person she does not like.
  • PLD 2023 ISL 135: If a marriage results in a hateful relationship, it can be dissolved by way of Khula

Conclusion

It is now evident that whether or not the husband agrees to khula, the court has the authority to dissolve the marriage based on the wife’s choice. Opting for khula is a woman’s legal right.

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