Muslim woman's right to Khula absolute: Telangana HC
HYDERABAD: Reiterating that a Muslim woman's right to Khula (divorce) is absolute and she does not require the husband's consent, the Telangana High Court on Wednesday dismissed an appeal against a family court order. The appeal also challenged the validity of a Khulanama (divorce certificate) issued by a religious council.
The case involved a couple married in 2012. After years of domestic abuse, the wife sought Khula. When the man refused to cooperate, she approached a religious advisory body consisting of Islamic scholars which issued a Khulanama on October 5, 2020 after reconciliation efforts failed.
Muslim Personal Law recognises Khula
The husband challenged the move in a family court, claiming that the religious council had no legal authority to issue a divorce certificate. When the family court rejected his plea, he approached the high court in appeal.
During the hearing, the appellant argued before a bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao that a non-governmental religious council cannot adjudicate matrimonial matters or issue legally valid divorce documents. He maintained that only a court or a legally appointed Qazi can rule on such matters under Islamic law.
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