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Return of Benefit Against Khula 2014 CLC 60

2014 CLC 60 Return of Benefit Against Khula Case Laws

2014 CLC 60 Return of Benefit Against Khula Case Laws, West Pakistan Family Courts Act 1964, section 5 and 10 proviso. Dissolution of Marriage… Talaq and Khula.. Non return of benefit… Effect.. Divorce on the basis of khula by wife is right at par with right of pronouncement of Talaq by husband, with one difference that husband can pronounce talaq himself but wife has to file suit in that behalf.. right of khula is not contingent upon consent of husband but is dependent upon reaching conclusion on the part of court that spouses could no longer live within the limits of Almighty Allah. Wife is bound to return benefits which she received on account of marriage from husband but family court determines as to what benefits have been received by wife and also to direct their return. Return of benefit is not a condition precedent to dissolution of marriage. Decree of dissolution of marriage on the basis of khula even though made condition upon return of benefits, would operate to dissolve the marriage when it is passed and effect thereof would not be postponed till the benefits were returned.. Failure on the part of wife to return benefits received by her from her husband within stipulated period would not adversely affect factum of dissolution and return of benefits by wife to husband remains merely a liability of civil nature, which can be enforced by husband through appropriate means.. similarly, dissolution of marriage effected though khula is neither revocable nor appealable and only decision regarding dower is appealable.

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