26/03/2022
A Muslim woman may get the separation/dissolution of her marriage through court without affecting her right to haq mehar in the situations some of them herein below:
A woman, in case of her being victimized on the part of her husband and/or in-laws, should approach the court for termination of her marriage on grounds of cruelty etc instead of making the base of simple khula particularly when the reasonable amount of haq mehar is involved in the case.
One other situation is that in which a husband does not wish to carry on his matrimonial life with the woman in fact. However, he pretends to contrary. He directly or indirectly and/or through his act and conducts compells his wife that she goes to the court for khula. And all this happens just to avoid the the payment of haq mehar if unpaid and/or taking it back from the wife in lieu of her khula if it was paid. In the above circumstances a wife should base her case on the grounds provided in law for her dissolution instead of khula.
There are many other ways and grounds through which a Muslim woman may get the decree of dissolution of her marriage with the right of haq mehar.