evidence, which is a request letter by the wife for Khula along
with it there is a document annexed which is Khulanama deed
of Khula ... signature which tallies with that of to request
for Khula at Ex.D.7. Whereas in the cross examination the wife
appellant that, in Islamic Law where the marriage is dissolved
by khula, it is the wife, who has to give consideration to the
husband ... seek: firstly it is
not a case of khula as such but a mixed case of mubara'at &
Khula. Asaf A.A. Fyzee
Mubara'at means mutual release. A Mubara'at
divorce like Khula, is a dissolution of marriage by
agreement, but there is a difference ... wife, and
she desires a separation, the transaction is called Khula.
When the aversion is mutual,, and both the sides desire a
separation, the transaction
arrived at settlement by
execution of deed of dissolution of marriage by khula.
4. Learned counsel for the petitioners submits that
respondent No.2 - complainant ... marriage
has remarried and staying elsewhere.
5. The declaration of khula by mutual consent recognises
the acceptance of the parties for closure of the criminal
husband of Smt. Sana Rohin who was divorced by way
of Khula-Nama which was entered into between the
parties in Crl.Misc.374/2010 ... ground that the life
alimony given under the Khula-Nama which was
executed on 17.01.2011 between the petitioner and
respondent No.2 herein
submits that the parties have amicably settled their
dispute and Khula Nama is also executed ... matrimonial dispute has been settled
between the parties amicably and a "Khula
Nama"(Deed of Khula) has been entered between
petitioner
settlement by
execution of deed of dissolution of marriage by way of khula.
4. The declaration of khula by mutual consent recognizes
the acceptance ... herein evinced her
interest to get the marriage dissolved by KHULA and
upon her application to IDARA E SHARIAH, Jamia Masjid,
Malleshwaram, Bengaluru her marriage
marriage. Ultimately plaintiff
requested him to give Talaq by way of Khula. Defendant
agreed subject to condition of plaintiff returning the land
to the defendant ... obtained Khula. As such there was no relationship of
husband and wife between the plaintiff and the defendant.
5. That thereafter, plaintiff contacted marriage
with
that they were husband
and wife to each other prior to the Khula Nama of 2021. It
is also admitted to the parties that Arhaam ... Court, deserves no credence. It is admitted to the
parties that the Khula Nama dated 31.10.2021 was
obtained by the wife which brought
respondent No.3 being Khazi. Based upon the said
document, a consent Khula / divorce has been granted.
The said document is produced for denying ... with each other created a false and concocted Khula /
Talak certificate dated 12.03.2018. Therefore, she has
filed a private complaint for taking cognizance. Based upon
