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Transreal Partner   21 July 2021

Wife father forcing for khula

Muslim Khula - 12 years of marriage with no children.

Without reason wife left home last 8 months. Still reason was unknown. They issue many false stories and statements against husband without any proof since last 8 months. Now suddenly wife demands for Khula without reason and her father forcing husband to accept her Khula or otherwise he warn that he will move to court and you have to give everything. There Nothing happened with wife. No domestic violence or harrasement and suddenly she left. Found one unknown number in her call records.

Her father accepted in call recording that reason he also don't know and nothing had happened but daughter saying I don't want to leave with husband and failed to give proper reason.

If they have no proof so then also they can file case against husband like 498a ??. Husband has all call recordings whatever false stories they issued in last 8 months and also harrasement calls from wife relatives. But husband don't want to leave her because there is no reason. Husband har send one legal notice to come back in January 2021 but no reply came against notice. 

Please suggest what If wife and his family file false Case and how husband can defend in this issues. 



Learning

 2 Replies

Dr J C Vashista (Advocate)     21 July 2021

Collect all defence evidences.

No one stop if she or her family want to lodge complaint, where you have the option to contest / defend through a local prudent lawyer. where all evidences shall be available for dismissal.

P. Venu (Advocate)     21 July 2021

The posting is too general devoid of actionable facts.

Khula is the form of divorce conferred upon wife similar to talaq conferred upon the husband. The recognition of Khula as a form of divorce is directly available from the Holy Quran.

There are differences in opinion with regard to the manner in which khula has to be effected. Some of the authorities state that the consent of the husband is a prerequisite for a valid khula.

The Kerala High Court in a recent decision has held that khula would be valid if the following conditions are satisfied:

(i). A declaration of repudiation or termination of marriage by wife.

(ii). An offer to return dower or any other material gain received by her during marital tie.

(iii). An effective attempt for reconciliation was preceded before the declaration of khula.


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