a day ago
Muslim woman's right to Khula is absolute: Telangana HC
A Muslim married woman's right to demand Khula is absolute and does not have to be predicated on a cause or acceptance of the demand by her husband, the Telangana High Court said.
A bench of Justices of Moushumi Bhattacharya and B.N. Madhusudhan Rao, said this while dismissing an appeal filed by a man seeking a direction to set aside a family court order that accepted the 'Khula' secured by his wife. Khula, translating to relinquishment in Arabic, is a mode of dissolution of marriage when the wife does not want to continue with the marital tie and can settle the matter privately by consulting a Mufti (Jurist Consult) of her School.
The bench observed that the appellant did not challenge the formulation of requirements by the Family Court nor its conclusion that his marriage was not subsisting. The only grievance of the appellant was that the Family Court lacked jurisdiction to issue the Fatwa or the Khulanama in favour of his wife. Once the Family Court announced its decision, the appellant should show a factual or legal error warranting the interference by the HC. 'The appellant has not shown any such infirmity,' the bench observed.
In the present case, it was not necessary to dwell deep on the facts relating to the cause of marital discord between the husband and the wife. The two-judge bench also said it was of the view that obtaining a Khulanama (certificate of dissolution of marriage) from a Mufti or a Dar-ul-Qaza was 'not necessary for putting the seal of finality on the dissolution of marriage since the opinion given by a Mufti is advisory in nature'.
The bench said that, however, the transition of the private dispute from the personal sphere to the court on the husband seeking a decision on the wife's demand for Khula was important. If the matter remained in within private and non-adjudicatory realm, the wife's demand for Khula would assume importance when such demand was made.
Since that right was absolute, the only role of a court of law was to put a judicial stamp on the termination of the marriage, the bench noted. This would be binding on both the parties. The bench said that the Family Court should ensure effective attempts were made to reconcile differences between the husband and the wife before considering Khula. Citing a judgment of Kerala HC, the bench said the enquiry by the Family Court should be summary in nature without long-drawn evidence-adjudication.
The two judges said in the order that they had confined their opinion only in the present case, though the woman's counsel urged them to extend the same to others who were subjected to long and uncertain wait for resolution after demanding Khula. 'We are confident that the law pronounced by the Courts shall be given their due weightage by all the stakeholders in easing the plight of Muslim women in their respective situations,' the bench said.
