Qhula /divorce

Thank you for the response sir.

Infact forcefully they made my uncle sign on khula papers and that he will pay them the 6 L amount very shortly.

My family doesnot want to get into trouble...all are tensed....coz they threatened our family and we doubt they will not returnn our gold and other items also....they said that on the face.

We didnot ask for compensation, were not ready for khula, in return theyre asking to pay.

PLEASE sir advice if any cases will be filed on my uncle coz they said if u ask gold will file cases.

its been a year of marriage but my aunt stayed for 1 month only and was asking my uncle to shift to her parents place.

Plz suggest how to proceed.

Thank you sir.

Zoya Ji,

FIRST, make it clear that your Uncle need not pay the amount of six lakhs rupees.

Becasue in a Khula, a Muslim Man receives compensation for releasing his wife from marriage tie.

Khula is a Divorce with the consent and at the instance of the Wife.

In Khula a Husband is never liable to pay any compensation to his Wife.

But a Wife is liable to pay compensation to her Husband instead.

If in the Khula papers, your Uncle has agreed to pay the amount of six lakhs rupees to her, then such condition is not valid.

SECONDLY, a Divorced Muslim Woman is entitled to all the properties given to her before or at the time of marriage or after the marriage by her Husband.

[Section 3 (1) (d) of The Muslim Women (Protection of Rights on Divorce) Act, 1986]

Therefore, the properties given to her by your Uncle cannot be legally recovered.

THIRDLY, in any kind of Personal Law, a married woman cannot refuse to live at her Husband's home without reasonable excuse.

So, a married woman cannot force her Husband to live at place of her wish, because wherever the Husband lives is the matrimonial home for the wife.

Your Uncle's wife cannot force your Uncle to shift to her parents home/place.

And if she does do, without any reasonable excuse, it is wrong and also bad in law.

IN MY OPINION, your Uncle need not pay the amount of six lakhs to her.

But on the other hand, your uncle cannot recover money/gold etc. given to his wife before/during/after the marriage.

If there is a valid Khula, then your Uncle is entitled to compensation for it.

If they threatening to file cases, I think must be false, so your Uncle can defend such false cases.

Thank you sir.

But I read online that the wife has to return , gold, meher amount and other wedding gifts and properties given during or after marriage.

We paid meher on the marriage day itself (51000 rupees).

What cases can they file, are they eligible to do so.Do let know if we can file any case....they threatened my family as said earlier

My uncle is diagnosed with low BP coz of this.

Please help.

Thank you sir.

Zoya Ji,

Wife has to return only under Khula, if gold, Meher amount and wedding gifts are specifically demanded by Husband as compensation for Khula.

Your Uncle can demand gold, Meher amount and wedding gifts in lieu of Khula as compensation.

Your Uncle can even file suit for recovery of such compensation.

I cannot predict, what cases they can file but I think they may file cases for recovery of the 6 lakhs rupees, maintenance or domestic violence etc.

If they file any case on your Uncle, then your uncle should defend those cases with the help of an expert Advocate.