Khula Divorce Valid Even Without Mahar: High Court Ruling

KOCHI: Under the Muslim Personal Act, the High Court has clarified that even though the return of the mahr is not mentioned in the ‘khula nama’, which entitles women to declare divorce, the divorce will stand. Justice Devan Ramachandran, Justice M.B. said that if there is proof that the mahr has been returned, the divorce will stand even if it is not recorded in the Khula Nama. The Division Bench comprising Snehalata stated.

The division bench explained this in a petition filed by a resident of Panur against the Thalassery family court order. The argument of the petitioner was that the wife did not promise to return the mahr and no mediation was held before Khulanama. It was argued that the Khula Nama did not record the return of 10 pavans of gold given to his wife by Maharai.

But even though it was not recorded that Mahar was returned, the wife gave an affidavit and statement in the family court showing that her husband had taken Mahar back before Khula Nama. It was pointed out that the husband has not denied this. Adv. who appeared for the wife said that the husband did not cooperate even though he tried to mediate. TP Sajid informed.

The court said that there was no mention in the Khula Nama that the Mahar had been returned or would be returned. But the woman is firm in her affidavit and statement given in the family court. This does not mean that Mahar blindly accepts the woman’s explanation and affidavit that she was taken away by her husband. However, the court pointed out that the petitioner has not submitted an affidavit of evidence or an explanation letter. Noting that mediation efforts had been made and it had been established that the mahr had not been returned, the Division Bench dismissed the husband’s appeal holding that there was no defect in the order of the family court.

Khula is the right given to women for divorce by Muslim personal law, like ‘Talaq‘ for men. By this they can get divorce without the permission of the husband. For this, it is sufficient to enter the Khula Nama and note that the mahr is being returned. Once this is approved by the family court, the divorce becomes valid. In such a divorce, the wife is not entitled to alimony.