Under Muslim Personal Law, divorce is a right of husband and he has the sole authority to pronounce it without having recourse to any Court proceedings. A woman seeks a khula while a man gives a talaq The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post- menopause i.e. ceased menstruating.
The new law requires courts, upon issuance of gun violence restraining orders, to order the restrained person to surrender to the local law enforcement agency all firearms and ammunition in his or her custody or control, or which he or she possesses or owns and requires the local law enforcement agency to retain custody of the firearm or firearms and ammunition for the duration of a gun violence restraining order.
According to the Act, both parties to a marriage may seek legal separation by mutual consent on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.” Newly married couple cannot file a petition for divorce within one year of marriage.
Unless it is otherwise provided by the contract, a divorce effected by khula’ or Mubara’at operates as a release by the wife of her dower, but it does not affect the liability of the husband to maintain her during her iddat, or to maintain his children by her.
Acting on the recommendation of the Chairperson and Members of the Subcommittee on the Revision of Rule 65 submitting for this Courts consideration and approval the proposed amendments to Rules 41, 45, 58 and 65 of the Rules of Court, the Court Resolved to APPROVE the same.
