Returning the Benefit of Marriage on the basis of Khula

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Returning the Benefit of Marriage on the basis of Khula

Unread postby Admin » Thu Nov 19, 2015 12:46 pm

Returning the Benefit of Marriage on the basis of Khula
Duty of the family court to frame an issue in order to ascertain whether the wife had received any benefits of marriage which she is bound to return on khula and the extent of it is an essential exercise. Injunction of Islam provides wife to seek dissolution of marriage on the basis of khula and same is with husband right to get back the benefits delivered to her in consideration of marriage, unless an issue is framed and parties are allowed to lead evidence the court cannot come to conclusion to the extent of the benefit attained by wife whereas it has more or less been admitted that the wife has prerogative to seek dissolution of marriage it must be seen by the court the purpose for which the divorce was being sought, the welfare of the minor which she is leaving behind and the responsibility for creation of hatred between the spouse and finally if the court is unable to reconcile the martial dispute to come to some independent conclusion as to the extent of benefits which had been received by the wife. Both dissolution of marriage on the basis of khula and return of benefits to husband should be reciprocal and both made to subject test and not decided objectively as justice should not only be done but should be seen to have been done. The approach of the court should be on judicious and judicial exercise of his power keeping in view the injunction of Islam. The whims and the aspiration of the wife to go astray and to have a recourse to lead undesirable and immoral life should not prevail over the conscious of court. The exercise of power should be just and on coming to the view that the spouses could not live within the limits of God Almighty, obviously the responsibility of breach of marital obligation should not lie on the conduct behavior and proceeding of the plaintiff.
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