PALAKKAD: In a rare ruling concerning ‘khula’, a form of divorce initiated by a woman under the Muslim Personal Law, a family court in Palakkad has ordered a woman to return 11 sovereigns of gold ornaments to her former husband, including the mahar and gifts given to her at the time of their marriage in 2008.
The Ottapalam Family Court directed the woman, a native of Thiruvegappura, to return the five sovereigns of gold received as wedding gifts and six sovereigns of gold ornaments (mahr) given by her husband at the time of marriage within 30 days of the judgment. It also ordered that the amount could be recovered from her property in the event of non-compliance.
As per the Muslim Personal Law, while talaq is a divorce initiated by a man and takes effect by pronouncing the word ‘talaq’ to his wife in the presence of the witnesses, khula is a divorce initiated by the wife upon return of mahr or any other conditions as may be prescribed.
“While khula is practised by women to get divorce from husband, this is a rare instance where a man moved court to get back the mahr and other valuables gifted by him at the time of marriage, and the court has ruled in his favour,” said advocate Shahul Hameed P T, who appeared for petitioner.
Exceptionally rare verdict for husbands: Counsel
“The court has passed the verdict in his favour,” said Shahul Hameed.
The case began in 2021 after the woman, following a breakdown of the marital relationship in 2019, invoked her right to seek separation through khula and issued a notice dissolving the marriage with her husband, a native of Perinthalmanna, Malappuram.
Though the husband accepted divorce through khula, the woman did not return the mahr. He subsequently approached the Ottapalam Family Court. He filed a petition against his former wife and her mother, contending that the gold ornaments given as mahr and the wedding gifts should be returned following the dissolution of the marriage through khula.
The petitioner’s counsel described the verdict as an exceptionally rare one for husbands.
“While khula is being practised commonly these days, many Muslim men are not much aware about the rights associated with it that are defined in the Muslim Personal Law,” said Shahul Hameed.
