Kerala High Court Rules Muslim Wife Must Return Mehr After Khula To Claim Maintenance

The Kerala High Court ruled that a Muslim wife who dissolves her marriage through khula must return the mehr (dower) before claiming maintenance under Section 125 of the Criminal Procedure Code.

The Bench observed that khula is a form of divorce initiated by the wife, wherein she consents to relinquish her marital rights in exchange for release from the marriage.

The Court held that unless the mehr is restored, entitlement to maintenance cannot arise, and clarified that repayment of the dower is a determining factor in assessing a wife’s right to post-divorce maintenance when the dissolution occurs through khula, distinguishing it from other forms of divorce under Muslim law.