Benefit of Marriage Received by wife

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Benefit of Marriage Received by wife

Unread postby Admin » Wed Oct 03, 2012 9:39 am

Benefit of Marriage Received by wife

If wife have received any benefit of the marriage from her husband then at the time of Khulla she have to return that things which may be movable or immovable property. And is such dispute arise or mentioned in the Nikahnama then court is the duty bound to frame an issue in order to ascertain whether the wife has received any benefit or marriage exercise. Injunction of Islam provides wife to seek dissolution of Marriage on the basis of khula and same is with husband's right to get back the benefits and parties are allowed to lead evidence. The court cannot come to conclusion to extent of benefit attained by wife where it has more or less been admitted that the wife has prerogative seek dissolution of marriage it must be seen bye th court the purpose for which the divorce is being sought.

The approach of the court is to 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 court is just and on coming on the view that if the spouses are unable to live in the limits of Almighty Allah then breach the matrimonial obligation by awarding khula.

while dissolution of marriage on the ground of khula the court is bound to determine terms and conditions for khula. whether dower has been paid to the wife or not and claim of maintenance however is not benefit received by wife from husband and therefore it is not returnable by the wife in the case of khula. The maintenance if the duty bound of the husband to maintain her during the substance of marriage. If amount is spent by husband or paid by him to his wife after marriage it can not be termed as benefit derived by her as consideration after her marriage. If any amount is received by the father of the wife it will also not called the benefit of wife gain from the husband.
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