It will be not dissolution of marriage on the basis of Khula, because there is the wisdom behind, that the parties should not be forced to live in a hateful union.

When there is no request from the lady regarding separation on the basis of Khula; and there are other allegations about the conduct of the husband that he was not maintaining the lady and the children, then certainly Court may pass observation regarding those allegations and then can pass the decree for dissolution of marriage but not on the basis of Khula; the Court may discuss the attitude of the husband that lady is living in her parents‟ house, non-maintaining the children, if any, and the allegation is also evident from the record and the statement of the lady at the time of pre-conciliation efforts. There is another aspect of the proposition that if the Court frames the issue regarding those allegations and those are not proved by the lady; at this stage the Court may pass decree for dissolution of marriage on the basis of some condition. But it will be not dissolution of marriage on the basis of Khula, because there is the wisdom behind, that the parties should not be forced to live in a hateful union.

There  are  some  procedural  mistakes  which have been  noted  with  deep  concern. 

1.  The  decree  of  dissolution  of  marriage  on  the  basis  of  Khula cannot  be  passed  Ex-parte.  The  Court  has  to  put  the  offer  of  the lady  to  the  husband  and  on  the  reply  of  husband  in  positive,  the decree of  Khula can  be passed. 

2.  If  on  the  conditions  the  husband  is  not  ready,  or  he  puts  some more  conditions,  then,  the  same  will  be  put  to  the  lady.  Unless on  the  conditions  spouses  are  ready,  the  decree  cannot  be passed  on  the  basis  of  Khula.  Now  the  Court  will  frame  the issues,  regarding  the  other  grounds  agitated  by  the  lady  for dissolution  of  marriage  and  will  decide  the  same  on  the  basis  of available record.