Since the right of “Tafweez of Talaq” is delegated right, therefore it cannot be termed as khulla by making wife liable to return dower.

Reliance is placed on case reported as Sajid Hussain Tanoli ..Vs.. Nadia Khattak and 3 others (2013 CLC 1625) wherein it has been laid down as under:- 

“Since the right of “Tafweez of Talaq” is delegated right, therefore it cannot be termed as khulla by making wife liable to return dower. There is much difference between prepare of Khulla and exercise of delegated right of divorce. In latter wife can repudiate marriage herself, while in former, wife has to seek divorce/ dissolution of marriage from her husband or from Court. In such a state of affairs, dissolution of marriage in the present case cannot be considered as divorce by khula.” 

 Part of Judgment : 

IN THE LAHORE HIGH COURT LAHORE

WP- Family Law
12640-13

2014 LHC 5114