Legal Question in Family Law in India

i am talking about divorce {Khula means a women asking for divorce.}...


Asked on 9/11/10, 10:19 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

Thanks for enlightenment with an answer. I being from Delhi was not aware about this word. For answering your main question I had to go back to the archives and look for it.

i have been married since 1 year immediate after my marraige my hubby started abusing me tortured me a lot he took all my jewels money..., i walked out of his house six months back & we are not in touch with each other, i want to divorce him, my Ques if i take Khula will he give back me my jewels & money .....? & how soon will i get divorce

A woman get her property, moveables or immovables absolutely whether from parents or husband or from in laws. It is called Istridhan. You are entitled to your jewels and money. You need to file a complaint with the local police under section 406 for criminal breach of trust and 498A for cruelty & ill treatment meted to you. The police will assist you in getting your articles back. As far as divorce is concerned, since you have been seperated only for six months, the only ground available to you at this time is Cruelty. the procedure in court will take its own time. If it is contested, then it may take longer. In case you are looking to short cut, the method is to go for no fault, mutual consent divorce under section 13, but that can take place only after one year of seperation. Any further question, write again along with earlier question.

Thanks for giving the meaning of KHULA

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Answered on 9/11/10, 11:36 am


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