Under Muslim Law What Is The Procedure For Mutual Divorce?

Under Muslim Law mutual divorce can be granted judicially i.e. a formal separation and extra judicially which depends on the will of the husband or wife or mutual agreement as per Khula and Mubarat. In Khula, the marriage is dissolved by an agreement between the couple. The muslim woman has the right to ask for divorce in case she does not desires to live with her husband though he may not be at fault. According to the terms and conditions between the spouses, the wife may agree to relinquish part or whole of her amount of dower or any other benefit which has been agreed between them. The divorce becomes irrevocable once the offer is accepted by husband. But a muslim wife cannot compel her husband to give divorce even a suit is not maintainable in law to that effect under Khula. Only a husband or his agent may agree to divorce under khula and no other court or qazi is competent to do it. A husband has no power to cancel khula once it is accepted by him on the ground of consideration been not paid, only remedy available to him is to sue his wife for it. In Mubarat both the sides want separation. The offer can be made either from the side of wife or husband. Upon acceptance of mubarat the divorce becomes irrevocable and iddat is necessary to be observed.