IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
MUJIB RAHIMAN KAJA HUSSAIN – Appellant
Versus
ALINE NAHAS – Respondent
| Table of Content |
|---|
| 1. challenging family court's judgment on 'khula' legality. (Para 1 , 2 , 3 , 4) |
| 2. arguments concerning participation in inquiry. (Para 5 , 6 , 9) |
| 3. assessment of 'mehar' associated with 'khula'. (Para 7 , 8 , 10 , 11) |
| 4. final ruling to dismiss the appeal. (Para 12) |
Devan Ramachandran , J.
The appellant challenges the judgment of the learned Family Court, Ernakulam, in OP No.2737/2022, on various grounds.
2. Smt.K.V.Bhadra Kumari – appearing for the appellant, argued that the impugned judgment suffers from errors because, it has granted imprimatur to the alleged “Khula” declared by the respondent without following the imperative requirements, as declared by this Court in Asbi K.N. v. Hashim M.U. [2021(6) KLT 292] . She explained that, the learned Family Court could not have granted an order in favour of the respondent, without verifying whether the “Mehar” and other articles gifted by her client to the respondent had been returned; and that, when it is admitted that it was not so, it could not have offered approval to the “Khula” as it has done. She further argued that the evidence and materials on record itself will establish that no mediation between the parties had
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