Whether khula without the consent of the husband is valid in our country or not. My husband is living in the United States of America and does not want to give me divorce. I want to marry another guy who is working in my office in India. My husband neither wants to live with me nor pronounce talaq. He has only one intention to ruin my life by dragging me in marital status. In this situation my life became miserable. I am a childless mother and no one is here to help me. My boyfriend suggested I should take khula from mufti. Then I contacted a mufti who passed a fatwa of khula without the consent of my husband. Can I marry that guy after getting the fatwa? I tried to convince my husband to talk to the mufti ji and give his consent but he refused. He denied his consent and was also not ready to sign the fatwa. I have decided to marry that guy after the fatwa because my husband has made my life miserable.
Asked from: Andhra Pradesh
The consent of the husband is mandatory for khula because in this kind of divorce the wife gives a proposal for dissolution of marriage in return of something. The husband has the option to either accept or refuse that proposal. If the husband accepts that proposal the khula becomes effective.
If the husband’s consent has not been received while passing fatwa of khula by the mufti, that fatwa is void. You are a legally wedded wife because your marriage is still subsisting.
If you marry in the prevailing situation, the marriage will be void and you may be prosecuted for the offence of bigamy. Therefore, you must not proceed further on the basis of the fatwa of khula. That fatwa is not a valid legal document.
It appears from the facts of your case that your marriage cannot be dissolved by mutual consent. In this situation you should consult with the Kazi for passing a judgment of khula after issuing notice to the husband. When the husband appears and gives his consent the Kazi will dissolve your marriage by passing a judgment of khula. That judgment (Kaza) will be a valid legal document for dissolution of marriage. Thereafter, you can marry that person.
Also read: Party cannot treat decree as void