Mahomedan Law provides that even in a case of
dissolution by khula or mubara'at, husband is liable
to pay maintenance during the Iddat ... dissolution. The dissolution of marriage could
either by talak or by khula or by mubara'at or with
the intervention of the court. Section
prevented to invoke her right for extra-judicial
divorce vis-a-vis Khula, as permitted and recognised
under the personal law. Hence, K.C.Moyin ... also submitted that 'Y'
may be granted leave to pronounce Khula, so that her
miseries may not get prolonged. If Khula is accepted
that the marriage between the parties
have been dissolved by pronouncing "Khula" on 2.1.2023. According to
the petitioner, by order dated ... learned counsel, no enquiry was
conducted to satisfy whether the Khula pronounced by the respondent is
valid.
3. We have heard the learned counsel appearing
before the
Family Court, Malappuram to declare that Khula pronounced
by her on 15.08.2022 was valid and thereby her marriage
with the appellant stood dissolved ... solution could be arrived at. In such
circumstances, the respondent pronounced Khula on
15.08.2022. She informed her readiness to return four
sovereigns of gold ornaments
pendency of the appeal, since all attempts for reconciliation failed, she
invoked Khula and offered to hand over Mehr to the respondent vide
Khula deed ... received on 29.4.2021. Though the marriage is dissolved by way of
Khula, in order to make necessary changes in the official records, she
preferred
recognition of
the extra-judicial divorce permissible to muslim woman
invoking Khula as reported in X v. Y [2021 (2) KLT 967],
allowed ... move the
Family Court to record the same. Accordingly, she resorted
to Khula and terminated the marriage. She approached the
Family Court to record
right to divorce at page 336, para 319:--
"319. Khula and mubara'at.-- (1) A marriage may be dissolved not only by talak ... wife. A dissolution of marriage by agreement may take the form of khula or mubara'at.
(2). "A divorce by khoola
Nazeer @ Oyoor Nazeer vs Shemeema on 14 January, 2002
IN THE HIGH COURT OF KERALA
especially in the wake of pronouncement of 'Khula', by the
respondent whereby the divorce has come into effect.
Exts ... after pronouncement of 'Khula', there is absolutely no
relevance for bringing in evidence proposed to be adduced
through
Muhamed Mustaque, J.
The matrimonial disputes between the parties arose
from Khula invoked by Fathimathual Nabila Noushad, the
petitioner ... Family Court, Ernakulam, restraining her from acting
upon, on the basis of Khula. She also moved Family Court,
Thalassery to declare her marital status
