10 hours ago
Husband's consent not needed: Court allows Muslim women to take Khula divorce
The Telangana High Court on Wednesday ruled that a Muslim woman's right to seek Khula, a form of divorce initiated by the wife, is absolute and does not require her husband's consent or even the statement of a reason.A Division Bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao held that under Islamic law, a wife can unilaterally dissolve her marriage through Khula, and neither the approval of the husband nor the issuance of a Khulanama by a Mufti or Dar-ul-Qaza is court also observed that such religious bodies serve only an advisory role and cannot override a woman's independent right to exit a marriage.
"The only role of a court of law is to put a judicial stamp on the termination of the marriage, which then becomes binding on both parties," the bench clarified that the Family Court's role is restricted to verifying the request for Khula, ensuring a reconciliation attempt, and confirming whether the wife is willing to return the dower (mehr), if process, the court stressed, must remain summary in nature and should not become an elaborate judgment came in response to an appeal filed by a Muslim man who contested his wife's Khula after she approached Sada-E-Haq Sharai Council, an NGO that helps mediate marital the man refused to consent to the divorce, the council issued a certificate in support of the wife's request. He later challenged the Family Court's refusal to invalidate that its verdict, the High Court cited Quranic verses 228 and 229 from Chapter II to underline that Islamic law grants women an unequivocal right to seek further noted that religious texts do not outline any procedure to be followed if a husband refuses to accept Khula, which, the court said, only reinforces the woman's autonomous right to terminate the marriage.- Ends
