Return Of 'Mahar' Can Be Ascertained From Statement Of Parties, Not Merely From 'Khula Nama': Kerala High Court

The Kerala High Court has recently clarified that return of 'mahar' (consideration given by husband to wife in marriage) can be ascertained not just from the 'Khula Nama' but also from the statement of parties while considering a Muslim wife's petition for declaration of divorce by 'khula'.The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha was considering an appeal preferred by the husband challenging the divorce granted by the Family Court.The appellant, who appeared in person, contended that the Family Court's order was not valid since the two requirements for granting divorce by way of 'khula' were not satisfied. He argued that there was no conciliation attempt between parties before the respondent wife issued the Khula Nama and that the there was no mention of offer of return of 'mahar' in the Khula Nama.The respondent's counsel urged that though there is no mention about offer of return of mahar in the Khula Nama written by the wife, she had stated in the petition that the mahar was taken by the appellant even before issuance of khula nama. The same is also stated in her testimony before the Family Court.It was also pointed out that reconciliation attempts were made on behalf of the respondent and her family members through two mediators but, the appellant did not accede to it and did not agree for any other viable settlement.Considering the arguments, the Court noted that the appellant had not filed any statement to counter the afore statements of the respondent before the Family Court or the High Court. It also refused to accept the appellant's contention that proper reconciliation was not possible since the two mediators mentioned by the respondent were her family members. On the other hand, the Court felt that this argument strengthened the finding of the Family Court that there was attempt of reconciliation.Referring to the decision in Asbi.K.N v. Hashim.M.U., the Court observed:“in Asbi.K.N. (supra), there are three methods of assessment declared by this Court to be done by the learned Family Court. The first is by evaluating whether there was offer by the wife to return the “Mahar” in the “Khula Nama” itself; second, whether it is so stated in the communication if issued; and finally by recording the statement of the parties.”The Court found that in the present case, since the appellant did not file any statement to the contrary, the version of the respondent is to be believed.It further observed:“Thus, when the factum of an attempt of reconciliation and the absence of “Mahar” with the respondent being prima facie established, we cannot find any reason to doubt, or to find in error, the views and holdings of the learned Family Court.”The Court dismissed the appeal and upheld the judgment of the Family Court that endorsed and declared the extra judicial divorce.Case No: Mat.Appeal No. 625 of 2024Case Title: Muhammed Ashar K. v. Muhsina P.K.Citation: 2025 LiveLaw (Ker) 682Counsel for the respondent: T.P. Sajid, K.P. Mohamed Shafi, Shifa Latheef, Sreeshma B. Chandran, Muhammed Haroon A.N., Hasharurahiman U., Mohemed FavasClick to Read/Download Judgment

Return Of 'Mahar' Can Be Ascertained From Statement Of Parties, Not Merely From 'Khula Nama': Kerala High Court

K. Salma Jennath

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