Quick khula Procedure from Law Firms:
If you need quick khula procedure from law firms, you may contact Nazia Law Associates. In this situation, the wife has the right to some relief. Under the Hanafi law, the wife has the right to get a court order to stop the husband from engaging in the commission of illegal actions; however, she is incapable of obtaining a divorce order based on this solely. In contrast, according to the Maliki law, the wife has the right to get an order dissolving their marriage due to the beatings, assaults, and other ill-treatment. Therefore, in the case of khula procedure from law firms when the mistreatment causes severe discord to the wife and causes her life miserable, the wife may seek an annulment after proving her claim.
Hanafi Madhhab:
“The Hanafi madhhab is that the husband who hurts his wife, for instance, through a violent beating, is able to stop her from such behavior with the help of an Order of Court. The wife has the right to apply for such a Court Order. However, the opposite of the Maliki Madhhab states it is the case that the woman is under such conditions, entitled to seek the Court Order dissolving her marriage by khula procedure from law firms.
BREACH OF OBLIGATION TO MAINTAIN:
When it comes to maintenance, two scenarios should be distinct: I) when the husband is completely in a position to support his wife due to financial hardship and poverty; and II) when the husband has enough resources and is able to provide for his wife; however, because of his stubbornness or different reasons, he is unwilling to support her.
Law Firms:
In both of these cases of khula procedure from law firms, there was no specific clause of the Hanafi law for dissolving the union. The Hanafi jurists have therefore taken up the provisions of the Maliki law and Shafi’i law, which provide for dissolution in the following manner: The judge or judicial committee will) In the event that the husband is in absolute need to provide for his spouse ((I) previously) and the judge or the judicial panel is required to, following a thorough proof for the spouse’s failure to support his wife, as adduced from the spouse, an order to the husband to meet his obligation to continue to support his wife within a certain timeframe and, if he fails, the judge or judicial committee will dissolve the marriage by khula procedure from law firms.
Divergence Between the two Sides:
There is a divergence between the two sides regarding the period of time that should be granted to the husband. However, this will be based on the specific circumstances of each instance. Umar ibn al-Khattab (R.A) declared that a period of one year is set in the event of an impermanent husband. 51 The wife loses the right to seek divorce for this reason in the following situations: I) in the event that she knew about her husband’s inability prior to marriage and, in spite of that, having married him, she was aware of his impotence; and II) in the event that she has expressly agreed to stay with her husband following having been informed of his inability.
