Gujarat court dissolves marriage after khulanama; woman returns mehr, cites cruelty by husband

AHMEDABAD: A family court here dissolved a Muslim couple's marriage after the wife sent a khulanama to the husband, who refused to accept it. The court also ordered judicial separation for the couple on the grounds of cruelty against the wife. The case involves a lecturer who worked with different universities.

In 2019, she got married to a man from Ahmedabad under Muslim rites and rituals, with a deferred mehr of Rs 11,000. A son was born to the couple in 2022. After a matrimonial dispute between the couple, the woman left her husband in Nov 2023. She sent him a khulanama (divorce deed) in March 2024 and returned the mehr.

The woman later approached the family court, seeking dissolution of marriage under the provisions of the Dissolution of Muslim Marriage Act, 1939, citing the khulanama and claiming that the relationship was broken down beyond repair because of the ill treatment meted out to her by her husband and in-laws.

Appearing for the wife, advocate I M Pandya submitted that the wife was subjected to mental and physical cruelty, verbal abuse, humiliation and neglect. She therefore executed a khulanama and returned the mehr amount, thereby ending their marriage.

The lawyer cited various judgments affirming the right of a Muslim woman to separate from her husband through khula, a form of divorce that can be resorted to by the wife. The khulanama is irrevocable by the husband according to Islamic law.

It was also contended by the woman that she has been living separately with her child from her husband for over two years, and he has failed to maintain her during this period. The husband denied the allegations, calling them false and concocted. He argued that the khulanama was unilateral and invalid. He also contended that the legal ground of failure to maintain for two years was not made out.

After examining affidavits, cross-examinations and documents, including the marriage certificate, the child's birth certificate and khulanama, the court found the wife's testimony consistent and credible, while describing the husband's defence as a general denial without substantial rebuttal.

The court also noted that the khulanama sent by the wife revealed an irretrievable breakdown of marriage. It said, "The petitioner has relied upon the khula dated March 18, 2024. Though the respondent-husband has challenged its validity as unilateral, the document reflects the intention of the petitioner to dissolve the marriage and her willingness to return the mehr amount. Even if the khula is not treated as complete in absence of acceptance, it certainly evidences breakdown of matrimonial relationship beyond repair."
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