Palakkad : A marriage dissolved through khula, a form of divorce initiated by a wife under Muslim personal law, has led to an unusual legal outcome in Palakkad.
Ottapalam Family Court directed a woman to return 11 sovereigns of gold to her former husband. In 2021, the woman ended the marriage through khula. Muslim Women (Protection of Rights on Divorce) Act, 1986, provides for a divorced Muslim woman’s entitlement to fair provision and maintenance, mahr and certain properties.
These include mahr, a mandatory gift from the groom to the bride as part of the marriage contract. After they returned to Kerala, differences arose between them. The husband approached the family court seeking the return of the gold and money given to his wife and mother-in-law. Under Islamic law, khula provides a woman with a means to dissolve her marriage, while talaq is traditionally initiated by the husband. The legal obligations arising from khula, including the return of mahr or gifts, depend on the applicable legal principles and the court’s findings.
The husband, a native of Perinthalmanna in Malappuram, had sought the return of 37 sovereigns of gold and more than Rs 5 lakh. However, the court allowed his claim only to the extent of 11 sovereigns — six sovereigns accepted as mahr, and five sovereigns given as engagement gold. The court directed the woman, a native of Kaipuram near Pattambi, to return the ornaments within 30 days.
Judge Suresh T K passed the order on a petition filed by the husband seeking the return of gold ornaments including mahr and money he claimed to have given his wife and mother-in-law at different stages of their relationship. If she fails to comply, their prevailing market value can be recovered from her property.