Respondent No. 2, both professing the
Mohammedan religion, entered into a Khula nama Agreement, duly
registered on 30th December, 2023. In paragraph ... Khula nama
Agreement, Respondent No. 2 has agreed that, since the son is only two
years old, she will hand over the custody
Muslim customary rites and ceremonies. The
petitioner invoked extra judicial divorce of khula.
The same is under challenge before the Family Court
Nedumangad ... 752f/2021 filed by the 1st
respondent. Khula is a form of extra judicial
divorce. This Court in 2021(2) KLT 967 detailed the
procedure
intervening period as per the
alleged prevalent Muslim Law, a "Khula divorce",
is said to have been entered into between the parties
between ... should be conscious of the fact that this
aspect of khula divorce, is subsequent to the decree
of 22.02.2020, which till the date of entering
MADHAN KONWAR, R/O VILL. NA- KHULA (RAJAKUCHI), P.O. AND
P.S. JAGIROAD, DIST. MORIGAON, ASSAM, PIN 782403
2:SRI SHUKU RAM BORDOLOI ... LATE PANI RAM BORDOLOI
R/O VILL. NA- KHULA GODHABORI
P.O. AND P.S. JAGIROAD
DIST. MORIGAON
ASSAM
PIN 782403
3:SRI BABLOO BORDOLOI
agreement, parties have agreed to resolve their
marriage by way of Khula. The Khula and Mubara'at is defined under section ... Mulla Principles of Mahomedan Law, which reads as under :
"319 Khula and mubara'at- (1) A marriage may be dissolved not only
2015
MD SUNAMUDDIN SHEIKH
S/O LT. LOKMUDDIN, VILL. NA-KHULA GRANT, P.S. JAGIROAD, DIST.
MORIGAON.
VERSUS
MD IBRAHIM ... MATIULLAH, VILL. NA-KHULA GRANT
2:MD. ABDUL ROHIM
S/O IBRAHIM ALI
VILL. NO. 2 BHOGALBARI
3:MD. ABDUL JALIL
S/O IBRAHIM
2015
MD SUNAMUDDIN SHEIKH
S/O LT. LOKMUDDIN, VILL. NA-KHULA GRANT, P.S. JAGIROAD, DIST.
MORIGAON.
VERSUS
MD IBRAHIM ... MATIULLAH, VILL. NA-KHULA GRANT
2:MD. ABDUL ROHIM
S/O IBRAHIM ALI
VILL. NO. 2 BHOGALBARI
3:MD. ABDUL JALIL
S/O IBRAHIM
charge-sheet, Ex.P.10 is true copy of Declaration
of Divorce (Khula) issued by Markaz-E-Ahle Sunnat Jamia
10 MVC No.5498/2023 ... birth certificate,
Ex.P.20 is translation of declaration of divorce (Khula) and
Ex.P.21 is tuition fee receipt.
11. On meticulously going through
emails to Accused
No.1. She admits that she had sent "Khula Nama" to the Accused
but Accused refused to sign the same ... that later she
filed O.S.No.211/20211 seeking Declaration of Khula nama. She
admits that she had come to India for delivery
when the petitioner and the respondent have
entered into a deed of Khula. Hence, he has contended
that, the petitioner is not an aggrieved women ... when the petitioner and the respondent have
entered into a deed of Khula. Hence, he has contended
that the petitioner is not an aggrieved women
