Quote:
Originally Posted by sarang ali shaikh
what if husband rejects the offer (mehr or anythiing) and doesn't give the khula/talaq; then what can women do? can qazi terminate the marriage or he can just bound the husband like imprison him until he gives talaq? what if even then he doesn't give divorce? will she be in contract or qazi can terminate? (plz tell me accoring to islam....)
|
There is also a Judicial limb of Khula and is commonly used when the husband is unwilling to divorce on demand of the wife .. It is also called Judicial divorce and the decision varies case to case .. Pakistani courts now a days are more willing to order a Judicial Divorce on demand of the wife .. For example in one case a wife who asked for divorce in court on the grounds that she hated her husband very much and could not live with him under the limits prescribed by Allah .. The lower court refused the order of divorce on grounds that she couldn't prove her alleged hatred towards her husband .. However, the Court of Appeal reversed the decision and ordered for a divorce, held that the action of going in court of law to get her divorce was enough to prove the hatred towards her husband ..
Divorce and Khula laws in Pakistan are well developed and now a days more inclined to protect the rights and interests of the women, however, the social and cultural barriers prevent the women from doing so in the court of law .. Or, they are unaware of laws regarding their rights ..
Regards ..