Legal Question in Family Law in India
my causin sister has married a man by kabilnama( not marriage registry) with out the concern of our family 1 year ago. They did not co-habit. Now now she realise that the boy is not perfect for her( she tortured her mentally very much). She want divorce but the boy don't give her. How can she get relief from him with out any sound? In this case how can a khulanama done?
1 Answer from Attorneys
1) Section 26 of the Indian Contract Act provides that agreement in restraint of marriage is void . This section says that every agreement in restraint of marriage of any person , other than a minor, is void. The nature of restraint may be absolute or partial.
2) Both husband and wife agree on khula and they sign khula paper, talaq took place, even without witness is valid.
The return of mahr before Qazi has to be mentioned.
3) Unregistered and unaffiliated qazi cannot give a khulanama. If the woman has petitioned the court, the court alone can give a legally enforceable finding on the issue. The khulanama given by the qazi can be challenged in the court which can quash it as illegal.
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