Khula in court

Question

I had nikah last year. No rukhsati. He lives in UK so went back to UK after nikah. Then he started insulting me because of another girl and told me that we should get separated. I tried to talk him out of it but he said that we are not a good match and he is not happy. I also talked to his parents but he kept saying we should get separated.

After few months his parents started pressurizing him so he said that he want's to keep the nikah but he had insulted me enough because of another girl that I said I want a divorce now. He said he will come to Pakistan and we will meet and if we don't feel okay then he will give me a divorce.

He came to Pakitan and we met for lunch for three times and then I said I want a divorce because he kept saying insulting things to me. He said he doesn't want a divorce.

I filed for Khula case in court. 3 notices were sent to him in UK and he came to Pakistan for the last hearing. We appeared before the judge and we had a reconcilliation session. He kept saying lies so I said to the Judge that I cannot live with this man. The Judge gave the order in my case and gave a Khula order. I also returned the haq meher.

Can you please tell me that my nikah is now terminated? Am I eligible for nikah?

Mufti Zakaria Makada · Accepted Answer

The khula will be regarded as valid on condition that your husband agreed to it and accepted it in the court.

Hence, if your husband accepted it, then you are divorced from him and your iddat has commenced. Your iddat will be three haidh (menstrual cycles - unless you are pregnant). After spending the iddat, it will be permissible for you to remarry.

And Allah Ta'ala (الله تعالى) knows best.

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