Ruling about Khula‘ and Fasqh-e-Nikah

الجواب وباللہ التوفیق

Assalamualaikum Warahmatullah

1. When reconciliation does not remain as an option between the husband and wife and the husband does not issue a divorce voluntarily then the wife has a right to demand for Khula‘ (i.e. to demand for divorce from her husband).
2. Mehr becomes an obligation upon the husband if the marriage had been consummated or at least true privacy was achieved between the husband and wife. As per the situation described in your question if the marriage has been consummated or the husband and wife were in absolute privacy and the husband has not paid the amount of mehr then the wife can demand for its payment, as long as her demand is unconditional. However if she has agreed to waive her mehr as the condition for acceptance of her demand of Khula‘ then she does not have a right to demand for her mehr.
3. Mehr is of two kinds:
1. Mehr-e-Mu‘ajjal i.e. it has to be immediately paid at the time of Nikah
2. Mehr-e-Moajjal i.e. it can be paid and delayed based upon the husband’s financial situation and capability (Note: Regardless of the type, the mehr is supposed to be paid)
4. Completing the court related paperwork does not directly and immediately officiate “talaq”, unless the husband has:
   1. Used such wording to issue talaq in the divorce documentation (e.g. I issue divorce to my wife) or
   2. Verbally issues talaq to his wife and in case of verbal talaq it is preferred to do so in the presence of two witnesses
5. When there is no possible reconciliation between the husband and wife and the husband is not issuing a divorce, then making efforts to convince the husband by involving a third party and navigating the process to the issuance of divorce is termed as “Fasqh-e-Nikah” or invalidation of Nikah.