JUDGMENT

[Mat.Appeal No.323/2022, Tr.P.(C) No.321/2022 & O.P.(FC) No.276/2022]

A.Muhamed Mustaque, J.

These matters are between the same parties. We shall refer the parties by name. Aayisha married Ahad Haneefa as per the muslim ceremonies and rites on 13.9.2018. She approached the Family Court, Chavara, in O.P.(MMA) No.950/2019 for a decree of divorce invoking under Section 2 (viii), (a) (d) of the Dissolution of Muslim Marriage Act . On account of delay involved in consideration of the above matter, she approached this Court in O.P.(FC) No.90/2022. This Court,, taking note of the recognition of the extra-judicial divorce permissible to muslim woman invoking Khula as reported inX v. Y [ 2021 (2) KLT 967 ], allowed her to invoke extra-judicial divorce and move the Family Court to record the same. Accordingly, she resorted to Khula and terminated the marriage. She approached the Family Court to record the same in O.P.(MMA) 950/2019. The Family Court after noting that all conditions of the Khula have been fulfilled, recorded the same in O..P(MMA)No.950/2019 as per the judgment dated 11.4.2022 and disposed the above case. Challenging the recording of Khula, Ahad Haneefa approached this C