Question
I got married 4 years ago, and clause 18 of my marriage Kabinnama allows my wife to divorce me without my consent if there’s no bonibna. I signed it in an empty room, and now I want to change this clause and revoke her power of divorce. What can I do?
Answer
To change or revoke the clause in your Kabinnama that gives your wife the power to divorce you, you need to follow these steps:
- Understanding the Clause:
Clause 18 of your Kabinnama gives your wife the right to divorce (called Talaq) without your permission, which is often referred to as Talaq-e-Tafweez (delegated divorce). This clause is legally valid under Islamic law and the Marriage Registration Act, 1872, as long as both parties agreed to it during marriage. - Revoke or Modify the Clause:
- Mutual Agreement: You and your wife must both agree to revoke or modify this clause. This can be done by mutual consent.
- Amendment of Kabinnama: The change must be made officially through a written amendment or a new agreement. You will need to go to the marriage registrar’s office and file a request for the change in the Kabinnama.
- Marriage Contract Revision: The amendment will be recorded in the marriage certificate, and a new Kabinnama will be issued reflecting the updated terms.
- Legal Consultation:
It’s advisable to consult a lawyer to ensure that the amendment is valid and correctly executed. If your wife does not agree, legal options like mediation or a family court may be considered. - Impact of the Change:
- Right of Divorce: If revoked, your wife will no longer have unilateral authority to divorce you, and any divorce would need to go through proper legal channels or mutual agreement.
- Notarization: Ensure the revised agreement is notarized and legally recognized to avoid future disputes.