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DEVAN RAMACHANDRAN, M. B. SNEHALATHA
K. H. Abdul Shukoor – Appellant
Versus
M. M. Zarin – Respondent
What is the process for conducting a summary inquiry into the validity of talaq/khula in Family Courts? What are the rights of a party to file a counter claim or counter statement in a summary inqury into khula validity? What is the binding effect of Asbi K.N. (supra) on procedures for assessing validity of khula and related pronouncements?
JUDGMENT :
Devan Ramachandran, J.
What we propose to say in this judgment is virtually a sequel to the declarations of law by another learned Division Bench of this Court in Asbi.K.N. v. Hashim M.U. [2022 (6) KHC 159]. This is because, even though, in Asbi K.N. (supra), this Court has held that the enquiry to be conducted by a Family Court - as to if the pronouncement of talaq/khula/ talaq-e-tafweez was made validly - shall be the nature of an uncontested matter, and being summary in nature, it is argued by the petitioner herein that, even in such a course, he is entitled to file a written statement, as also to maintain a counter claim against such motion.
2. We are, however, of the view that the afore contention is untenable, and we will record our reasons presently.
3. The respondent filed O.P.No.1527/2023 before the learned Family Court, Irinjalakkuda, for a declaration that the ‘khula’ she pronounced against the petitioner be declared valid.
4. The petitioner, thereupon, filed an application to allow him to prefer a counter affidavit, as also to maintain a counter claim; and on the assertion that it is unlikely to be considered by the learned Family Court, he approached this Court a
Family Courts must conduct summary inquiries into the validity of talaq/khula, treating them as uncontested matters, without requiring counter claims.
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(1) No application for amendment shall be allowed after trial has commenced unless court comes to conclusion that in spite of due diligence party could not have raised matter before commencement of t....
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