There is a difference between Talaq & Khulla

 

Talaq, the Islamic term for divorcing, is used throughout Pakistan, including Karachi, Lahore and Islamabad. According to Islamic Sharia, a talaq can be used to terminate a marriage contract the nikah. Talaq is a right granted by a Husband to his Wife. However, the Wife cannot exercise her right to Talaq unless the same is granted in her Nikkahnama. If the Husband gives Talaq, he must also give Haq Meher his Wife. However, if the Wife exercise her right to Talaq, she must surrender her right to Haq Meher.

It is important that you note that Sunni and Shia Muslims have different rules when performing a Talaq. Sunni practice does not require witnesses and allows a husband or wife to end a relationship with the triple Talaq. Shi'a scholars consider the triple Talaq (in one sitting) as a custom that Holy Prophet Muhammad forbade but was reinstated by Umar Ibn al-Khattab and therefore prohibited. Sunni scholars accept the facts but consider it legal ("halal") regardless.

Khula refers to the right of a Muslim woman to divorce her husband. The husband is responsible for the education of and the maintenance of the children after a divorce. The children stay with their mother until Hizanat, which is seven years old for boys and puberty for girls.

After Hizanat's age, children can live with their father or mother. The court will consider the opinions of the children, but they will not be taken as a final and decisive factor.

A woman may seek a Khula, while a man may seek a Talaq. Reconciliation is possible for husband and wife during the Iddah period.

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A woman can go to court for Khulla any time after her marriage. The Family Law does not limit the time she can file a Divorce Case. However, she can file a case against Khulla as early as the second day of marriage.

 

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