Return of Property After Khula

Question: If a woman — they used the phrase — a cunning, deceitful woman marries someone through trickery, with an eye on his property; after marrying, she gets his property transferred into her own name, and once the property is transferred, on some pretext, takes khula — can that man get that property back?

Solution: The blunt answer is no — once you've given something to someone, you cannot take it back — but if you work on it, if you put every element before the court through your lawyer, you can get that property back. Can you put property in the name of some woman in your neighbourhood, your family, without any reason? The answer to this question is no. You put property in your wife's name, and one puts property in one's wife's name only when there's love, and future plans in mind. Reasons for putting property in someone's name:
1. Love and affection
2. To secure the future
3. So there's no issue with providing for the children
4. So that, if I die, it remains a shelter for them
5. So that if I die, my siblings do not trouble her

These are all the considerations a husband keeps in mind when putting property in his wife's name. Now this transaction happens without consideration — if a husband puts property in his wife's name, or transfers his own property to her, or buys it and gives it to her, then on the wife's part this transaction is without consideration — the wife is not paying anything for it — courts accept this as without consideration. The courts come down only to this point: how can this transaction be declared void and set aside? Proving that is extremely difficult and necessary — if you want the property back, what do you have to prove?

Deceitful mindset — your ex-wife's deceitful mindset — maybe she was already married before and obtained a divorce from her previous husband by doing something similar — look for this fact.

If she came to you and there was some fight — that if this property is put in my name, I'll settle down — consider that wives sometimes start fighting, saying, sir:
1. If you put this property in my name, I'll settle in your home, otherwise not.
2. If you get me a separate house, I'll settle in your home.
3. If you give me this much expense money, I'll settle in your home.

Where's the correction needed — 'I'll settle in your home.' If you prove in court that I wasn't just putting it in her name — I put it in her name because of these fights, and after that she made the demand that I will settle in your home at that point only when you put this property in my name.
1. I did it to settle my home
2. I did it to secure my children's future
3. I did it for the welfare of my family
4. I did it for the welfare of my children

I put my property in her name, or I bought her property. My intention was to create harmony within the family. She bought this property now, purpose achieved. Two months later, on various pretexts, she went to court and took khula.
1. If there was no mental compatibility between us
2. If you and I are enemies
3. There's friction between you and me
4. There's bickering between you and me

Why would I give you anything. Now, once there's no mental compatibility left, once it's established that, after seizing this property, she did all this as part of a deliberate scheme, and there was a strong desire of hers behind it, there was a conspiracy of hers in it — in that case, courts will look into this matter. After examining it, the court will then issue its order regarding the transaction, but that order will fundamentally rest on your evidence, on your facts and circumstances. Your proving this transaction is without consideration; your proving that this transaction was carried out as part of a well-thought-out scheme — after examining all these matters, the court will then issue its order. It's difficult, not impossible.