Re: My wife has asked for a Divorce, what if I dont want to give?
everyone here have shared very nice thoughts and advise.
I would just add a few things because I have personally been through all this.
***Will she remains my wife, until I divorce her? OR she can take ‘Khula’ what are the details of Khula and my presence is required in Pakistan for the Khula ? or it can be obtained through Court?
***Yes she will be your wife until you give her divorce or takes divorce through khula.
Khula can be obtained through court but I firmly believe that your presence would be required because the judge won’t grant divorce until he/she will hear both the parties. Then your divorce deed will have to be submitted in Union Council , they provide you 3 months (basically idhat period of woman) as a period for reconciliation and then send you notice for presence and ask you if you want to go ahead with the divorce. In case of woman they allow her to give written consent for divorce but the husband/man has to be physically present.
Divorce is torturous and khula can be extremely torturous because if husband decides to contest it then all sorts of accusations are made against the wife and in case of khula court blames the wife. Plus she also loose her right on haq meher and alimony for idhat period.
***What are the possibilities if theres a child involve ? Who will take the custody in Khula? ***
Islam- the mother has custody of children till she re-marries and has a right to receive child support (doesn’t matter if it’s khula or talaq) Allah has put all the responsibility on father and it has not nothing to do with divorce , khula or whatever.
Law- Mother has custody till she remarries or till the court allows. She can obtain child support which equals 1/4th of the father’s salary. The father is responsible for all the expenses of child till 18 years of child’s age.
The above is the information I got from a lawyer sometime ago.
I know your pain and will sincerely advise you to make all efforts to save your marriage. Give your wife her rights , her right to live with you and to be your wife.
May Allah bless you , you wife and your child