Almas Noufiya vs Muhammed Nishad

A. Muhamed Mustaque, J.

These appeals are at the instance of a Muslim wife. Her petition for divorce invoking Dissolution of Muslim Marriage Act, 1939 has been dismissed. The husband filed a petition for restitution of conjugal rights. That has been allowed. Challenging these judgments, these appeals have been preferred.

The parties are Muslims. The marriage was solemnised in accordance with the Muslim Personal Law. Pending these appeals, the wife had produced “Khula” invoked by her to terminate the marriage. “Khula” is permissible as an extra judicial divorce under the personal law. See the judgment of this Court in X v.X [AIR 2023 Ker 33] This Court also held in the above case that the Family Court is competent to record “Khula” in any pending matter and dispose of the matter after recording “Khula”. We have gone through the “Khula” declaration and we find that this is conformity with the judgment of this Court.

In such circumstances, we dispose of these appeals recording “Khula” invoked by the wife and declared that the marriage between the appellant and the respondent has been dissolved by the extra judicial divorce invoked by the wife. In that view of the matter, we also order that judgment of the Family Court in O.P No.851 of 2021 has become unenforceable due to subsequent event.