تعسف الزوجة في طلب الخلع و سلطة القاضي في تقديره

Abstract EN

Any right to use it is determined not to prejudice or harm the interests of others, and because khula' has become an inherent right of the wife, the matter is not without the possibility for the wife to abuse it, since this right has become subject to her will and desire, and no consideration is given to the consent of the husband.

It was adopted and followed by the Algerian legislator in amending the Algerian family law according to Ordinance 05-02, although the old text of the article 54 of the Algerian family code did not require the husbad's cosent in khula', the judiciary considered khula' as a consensual contract that was made at the request of the wife and the consent of the husband.

With the increase in the rates of dissolution of the marital bond through khula', it has become necessary to review the provisions related to this issue and reset them in accordance with the purpose of the divorce legislation for the wife, as well as activate the positive role of the family affairs judge in assessing the abuse of the wife wishing to khula', if any, as well as in assessing just compensation for the husband, for an Abusive khula', which is supposed to exceed the khula allowan.