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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Need some info on mutual divorce

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Need some info on mutual divorce
Lawyer's Assistant: Where are you located? It matters because laws vary by location
India,bangalore
Lawyer's Assistant: Has anything been filed or reported?
Nothing
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I need what is the process to apply for mutual divorce

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that referring to the Omani Family Law on Personal Status, and
if you want to terminate the marital relationship by mutual consent, the divorce is called khul’
 Article (94) of the Omani Personal Status Law stipulates:
a- The spouses may agree to terminate the marriage contract by khul’.
b- The khul’ is compensation given by the wife.
C - Khul' is considered an irrevocable divorce.
 
The previous article indicated the following:
1- Khul’ is only consensual between the husband and his wife.
2- The khul’ can only take place in exchange for an allowance made by the wife to her husband.
3- What happens in khula’ is an irrevocable divorce.
The law considers khul’ to be permissible between spouses, which means severing the marital bond by satisfaction and with compensation
The request for khul’ may be from the wife or it may be from the husband, because the wisdom of its legislation is to avoid transgression against the limits of God that He has set for the spouses, from being a good partner, and each of them fulfilling the rights they owe to the other.”
Article (96) stipulates that if the alternative to khul’ is renunciation of the custody of the children or any of their rights, the condition is void and the khul’ becomes a divorce.
 Article (97) stipulates that:
A - If compensation is mentioned in the Mukhala’ah, only what is named is required.
 B - If he did not name in the khula’ instead, the provisions of divorce are applied.
The law stipulated several conditions for the validity of khul’:
-    Eligibility – khul’ is compensation – i.e. the exchange of money that the wife gives in exchange for the inviolability of the husband’s hand – and often in khul’ the wife is the one who quits herself, whether she is the holder of the offer in khul’ or if she is the midwife to him.
This requires that she ( the wife) shall be qualified to undertake the khul' on her own, and this requires that she be an adult, sane and rational and that she is qualified to donate in the sense that she gives money for something that is not money.

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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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