Ottappalam: In a landmark ruling, the Ottappalam Family Court has ordered that when a Muslim woman dissolves her marriage through the Islamic legal provision of 'Khula', she is bound to return the wedding gifts and Mehr given to her by the husband at the time of marriage. The petitioner's counsel stated that this is the first such verdict of its kind in India.

Following the breakdown of their marital relationship, a native of Thiruvegapura served a Khula notice dissolving her marriage to her husband, who is a native of Perinthalmanna. While the dissolution of the marriage was undisputed, the husband approached the Ottappalam Family Court demanding the return of the Mehr, all gold ornaments, and gifts he had given at the time of marriage, in accordance with Islamic law.

Details of the Court Order

Under Islamic personal law, Khula is the right granted by Islam to a woman to dissolve her marriage, which is equivalent to a husband's right to pronounce Talaq. Pointing out that just as a husband who pronounces Talaq is liable to pay compensation, a Muslim woman who dissolves her marriage through Khula is bound to return the Mehr and consideration to the husband, the court pronounced its verdict.

As per the ruling, the court ordered the wife to return 5 sovereigns of wedding gifts and 6 sovereigns of ornaments given at the time of marriage to the husband within 30 days from the date of the judgment. The order also states that in case of default, the equivalent amount can be attached from the wife's properties. In this rare and unusual case, the petition was filed naming the wife and her mother as respondents.

Advocates P.T. Shahul Hameed, Shamla Hassan, Akhil Krishnan, and C.P. Ansar appeared for the petitioner-husband. This verdict, which is rarely ruled in favor of husbands, holds the distinction of being the first of its kind in both Kerala and India.