Distinction between Khulla and Mubarrat(Mutual Divorce)

There is difference between khull a and Mubarat and the main distinction between a khulla and Mubarat is that in the Khulla the aversion is on the side of the wife and she desires a separation but in the Mubarrat the aversion is mutual and both sides desire separation.

Secondly in a divorce by khulla some consideration must be given by the wife to the husband for her release from the marital tie. It is in effect and offers from the wife for her release on payment of compensation and therefore in the circumstances the divorce ultimately agreed upon the parties is only a Mubarat and not khulla, then the wife is entitled for the half of the benefits and divorce takes place.

Other difference is that for khulla, the wife have to approach to the family court who is competent to hear and decide the Khulla while in Mubarrat it is not mandatory when both the parties are agreed then they can separate from each other by executing the Mubar’at .

Either it is khulla or Mubar’at the confirmation under section 7 will be confirmed by the competent authority who is chairman Arbitration council. In khulla reconciliation is held and after 90 days the divorce is confirmed but in Mubarat there is no need for reconciliation and at the same time the divorce is confirmed.

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