Latest news with #Khula
NDTV
26-05-2025
- NDTV
"Consensual Relationship Turning Sour...": Top Court Cancels Rape Case
New Delhi: A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery and such conduct "not only burdens the courts but also blots the identity of accused", the Supreme Court said on Monday. The court's observations came while quashing a criminal case against a man in July 2023 in Maharashtra for allegedly raping a woman on the false assurance of marriage. A bench of Justices BV Nagarathna and Satish Chandra Sharma noted that even if allegations in the FIR were taken as true, it does not appear from the record that the complainant's consent was obtained against her will and merely on an assurance to marry. "In our considered view, this is also not a case where there was a false promise to marry to begin with. A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State," the bench said. "Such conduct not only burdens the courts, but blots the identity of an individual accused of such a heinous offence," it said. The bench said the court has time and again warned against the misuse of provisions and has termed it a "folly" to treat each breach of promise to marry as a false promise and prosecute a person for the offence of rape. The top court delivered its verdict on an appeal filed by the accused who had challenged the Bombay High Court's June 2024 order which dismissed his plea seeking quashing of the case registered against him for alleged offences, including that of rape, in Satara. The court noted the case was registered on a complaint by the woman who alleged that during June 2022 till July 2023, the accused had forcibly had sexual intercourse with her on the false assurance of marriage. The accused had denied the allegations. The bench noted after the FIR was lodged, the accused approached a trial court seeking anticipatory bail, which was granted in August 2023. It said the accused and complainant were acquainted since June 2022 and she herself admitted that they interacted frequently and fell in love. The bench noted the investigation had also revealed that 'Khulanama' was executed on December 29, 2022 which the complainant had obtained from her ex-husband. 'Khula' allows a Muslim woman to unilaterally divorce her husband by returning his dower. "It is inconceivable that the complainant had engaged in a physical relationship with the appellant (accused), on the assurance of marriage, while she was already married to someone else," the bench said. The bench said it also cannot ignore the complainant's conduct in visiting the native village of the accused without any intimation, which was also unacceptable and reflected the "agitated and unnerved state" of her mind. "For the same reason, the criminal prosecution against the appellant herein is probably with an underlying motive and disgruntled state of mind," it noted. "There is also no reasonable possibility that the complainant/respondent no. two or any woman being married before and having a child of four years, would continue to be deceived by the appellant or maintain a prolonged association or physical relationship with an individual who has sexually assaulted and exploited her," the bench said. The top court allowed the appeal and set aside the high court's order. "Taking into consideration that the appellant is just 25 years of age, and has a lifetime ahead of him, it would be in the interest of justice that he does not suffer an impending trial and, therefore, the proceedings emanating from... are quashed at this stage itself," it said. (Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
Hindustan Times
26-05-2025
- Hindustan Times
Consensual relationship turning sour can't be ground for invoking criminal machinery: SC
New Delhi, A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery and such conduct "not only burdens the courts but also blots the identity of accused", the Supreme Court said on Monday. The apex court's observations came while quashing a criminal case against a man in July 2023 in Maharashtra for allegedly raping a woman on the false assurance of marriage. A bench of Justices B V Nagarathna and Satish Chandra Sharma noted that even if allegations in the FIR were taken as true, it does not appear from the record that the complainant's consent was obtained against her will and merely on an assurance to marry. "In our considered view, this is also not a case where there was a false promise to marry to begin with. A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State," the bench said. "Such conduct not only burdens the courts, but blots the identity of an individual accused of such a heinous offence," it said. The bench said the apex court has time and again warned against the misuse of provisions and has termed it a "folly" to treat each breach of promise to marry as a false promise and prosecute a person for the offence of rape. The top court delivered its verdict on an appeal filed by the accused who had challenged the Bombay High Court's June 2024 order which dismissed his plea seeking quashing of the case registered against him for alleged offences, including that of rape, in Satara. The apex court noted the case was registered on a complaint by the woman who alleged that during June 2022 till July 2023, the accused forcibly had sexual intercourse with her on the false assurance of marriage. The accused had denied the allegations. The bench noted after the FIR was lodged, the accused approached a trial court seeking anticipatory bail, which was granted in August 2023. It said the accused and complainant were acquainted since June 2022 and she herself admitted that they interacted frequently and fell in love. The bench noted the investigation had also revealed that 'Khulanama' was executed on December 29, 2022 which the complainant had obtained from her ex-husband. 'Khula' allows a Muslim woman to unilaterally divorce her husband by returning his dower. "It is inconceivable that the complainant had engaged in a physical relationship with the appellant , on the assurance of marriage, while she was already married to someone else," the bench said. The bench said it also cannot ignore the complainant's conduct in visiting the native village of the accused without any intimation, which was also unacceptable and reflected the "agitated and unnerved state" of her mind. "For the same reason, the criminal prosecution against the appellant herein is probably with an underlying motive and disgruntled state of mind," it noted. "There is also no reasonable possibility that the complainant/respondent no. two or any woman being married before and having a child of four years, would continue to be deceived by the appellant or maintain a prolonged association or physical relationship with an individual who has sexually assaulted and exploited her," the bench said. The top court allowed the appeal and set aside the high court's order. "Taking into consideration that the appellant is just 25 years of age, and has a lifetime ahead of him, it would be in the interest of justice that he does not suffer an impending trial and, therefore, the proceedings emanating from... are quashed at this stage itself," it said.
India.com
14-05-2025
- Sport
- India.com
Sania Mirza's ex-husband Shoaib Malik takes BIG decision over...
Sania Mirza's ex-husband Shoaib Malik was the captain of Pakistan national cricket team between 2007 and 2009. He played his first One-Day International match in 1999 facing the West Indies, and earned his Test cap in 2001 in a game against Bangladesh. In January 2024, Sania Mirza and Shoaib Malik legally ended their 14-year-long marriage. Sania initiated the split through a Khula, a form of Islamic divorce instigated by the wife. Sania Mirza's ex-husband and former Pakistan captain Shoaib Malik has resigned from his role as a Domestic Cricket Coach with the Pakistan Cricket Board (PCB). In an emotional message posted on social media platform X, the ex-husband of Indian tennis icon Sania Mirza, disclosed that he had officially handed in his resignation to the PCB a fortnight earlier, attributing the decision to increasing pressures in both his personal and career commitments. "This was not an easy choice, but after reflecting on my commitments, I realised that juggling multiple responsibilities would prevent me from giving my best — both to Pakistan cricket and to my other priorities," Shoaib Malik Malik wrote. Although he has stepped down, Shoaib Malik reassured the PCB that he would honor his remaining obligations under the contract, giving the board sufficient time to appoint a replacement ahead of the upcoming domestic season.
Hi Dubai
05-05-2025
- General
- Hi Dubai
UAE: How Muslim Women Can File for Khula and Start Divorce Proceedings in Dubai
Question: How can a Muslim woman in Dubai initiate a divorce if her husband refuses to start the proceedings, and what are the legal requirements for Khula? Answer: In Dubai, a Muslim woman who wishes to initiate a divorce can do so through the process of Khula, as outlined in the UAE's Personal Status Law. Khula allows a wife to seek divorce by offering compensation, usually the dowry, to her husband. According to Article 65 of the law, this separation occurs at the request of the wife and requires the husband's acceptance of the offered compensation. If the husband refuses the compensation without just cause, the court has the authority to enforce an appropriate amount. The compensation must come from someone legally competent to provide it and cannot waive the children's rights, such as maintenance or custody, as stipulated in Article 66. Additionally, Khula is only valid if both spouses are mentally and legally competent, according to Article 67. Once the compensation is agreed upon, Khula must be officially documented in court within 15 days, as per Article 68, and can be initiated through the Personal Status Court of Dubai. A conciliatory process follows, providing an opportunity for both parties to resolve the issue amicably. If reconciliation fails, the matter is referred to a judge for a final decision. Importantly, the wife is not entitled to financial maintenance during her waiting period (iddah) after the divorce, but she is entitled to stay in the marital home unless it is deemed unsuitable. This is outlined in Article 101 of the law. Women seeking Khula in Dubai should consider consulting legal counsel to guide them through the process. News Source: Khaleej Times
Business Recorder
27-04-2025
- General
- Business Recorder
Divorce and dower payment
EDITORIAL: Divorce almost is always a nasty affair, and can get even nastier where financial obligations are involved. The Nikahnama (marriage contract certificate) contains a column in which the husband can delegate the right to divorce to the wife. Seen as inauspicious, this provision is generally invalidated. The wife has the right to divorce as Khula, however. Entered in the marriage certificate is also the amount of dower money, to be determined according to the husband's means of income, a bulk of which may be deferred payment. It is quite common for the wife or her family to demand a much higher sum as an insurance policy for her financial and marital security. That though, may yet lead to a gruelling legal battle in the event a woman wants to seek Khula. The Lahore High Court has been hearing one such case after a man challenged the decisions of the Sahiwal district courts favouring his former wife. In a substantive ruling on the issue delivered last Saturday, Justice Raheel Kamran upheld a woman's right to recover her full deferred dower even after obtaining a divorce through Khula. Under Islamic law and the Nikahnama, said the learned judge, the husband remains obligated to pay dower unless the wife seeks dissolution of marriage simply because she dislikes him, losing the right to deferred as well as prompt dower. This is only fair. But the mere fact that the wife sought Khula does not automatically nullify this contractual obligation, explains the court verdict, the key consideration to determine the woman's entitlement is the reason for her seeking Khula. If the husband's conduct compels the wife to seek dissolution, she retains her entitlement to the deferred dower. It needs to be said that many women stay in abusive marriages for fear of social stigma. And those opting out in extreme circumstances, more often than not, avoid stating the real reasons that must stand scrutiny in court. In the instant case, however, the wife obtained the decree for dissolution of marriage citing the husband's bad behaviour and disrespectful conduct towards her in nine years of marriage. These unchallenged allegations, observed Justice Kamran, amounted to cruelty and provided a strong justification for the respondent/wife to be entitled to the full amount of her deferred dower in the same way as she would have been in case of divorce pronounced by the petitioner. The same principle applies to return of dower from an ex-wife. In this context, justice Kamran referred to a Federal Shariat Court judgment that also held that where a wife seeks Khula due to fault on the part of the husband by providing reasonable justifications, it is not valid to require from her the return of the dower already received by her. These rights and protections Islam gives Muslim women must be respected by all. Copyright Business Recorder, 2025
