Latest news with #Khulanama
New Indian Express
10 hours ago
- Politics
- New Indian Express
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.
The Hindu
a day ago
- Politics
- The Hindu
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.
NDTV
26-05-2025
- NDTV
"Consensual Relationship Turning Sour...": Top Court Cancels Rape Case
New Delhi: A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery and such conduct "not only burdens the courts but also blots the identity of accused", the Supreme Court said on Monday. The court's observations came while quashing a criminal case against a man in July 2023 in Maharashtra for allegedly raping a woman on the false assurance of marriage. A bench of Justices BV Nagarathna and Satish Chandra Sharma noted that even if allegations in the FIR were taken as true, it does not appear from the record that the complainant's consent was obtained against her will and merely on an assurance to marry. "In our considered view, this is also not a case where there was a false promise to marry to begin with. A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State," the bench said. "Such conduct not only burdens the courts, but blots the identity of an individual accused of such a heinous offence," it said. The bench said the court has time and again warned against the misuse of provisions and has termed it a "folly" to treat each breach of promise to marry as a false promise and prosecute a person for the offence of rape. The top court delivered its verdict on an appeal filed by the accused who had challenged the Bombay High Court's June 2024 order which dismissed his plea seeking quashing of the case registered against him for alleged offences, including that of rape, in Satara. The court noted the case was registered on a complaint by the woman who alleged that during June 2022 till July 2023, the accused had forcibly had sexual intercourse with her on the false assurance of marriage. The accused had denied the allegations. The bench noted after the FIR was lodged, the accused approached a trial court seeking anticipatory bail, which was granted in August 2023. It said the accused and complainant were acquainted since June 2022 and she herself admitted that they interacted frequently and fell in love. The bench noted the investigation had also revealed that 'Khulanama' was executed on December 29, 2022 which the complainant had obtained from her ex-husband. 'Khula' allows a Muslim woman to unilaterally divorce her husband by returning his dower. "It is inconceivable that the complainant had engaged in a physical relationship with the appellant (accused), on the assurance of marriage, while she was already married to someone else," the bench said. The bench said it also cannot ignore the complainant's conduct in visiting the native village of the accused without any intimation, which was also unacceptable and reflected the "agitated and unnerved state" of her mind. "For the same reason, the criminal prosecution against the appellant herein is probably with an underlying motive and disgruntled state of mind," it noted. "There is also no reasonable possibility that the complainant/respondent no. two or any woman being married before and having a child of four years, would continue to be deceived by the appellant or maintain a prolonged association or physical relationship with an individual who has sexually assaulted and exploited her," the bench said. The top court allowed the appeal and set aside the high court's order. "Taking into consideration that the appellant is just 25 years of age, and has a lifetime ahead of him, it would be in the interest of justice that he does not suffer an impending trial and, therefore, the proceedings emanating from... are quashed at this stage itself," it said. (Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
Hindustan Times
26-05-2025
- Hindustan Times
Consensual relationship turning sour can't be ground for invoking criminal machinery: SC
New Delhi, A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery and such conduct "not only burdens the courts but also blots the identity of accused", the Supreme Court said on Monday. The apex court's observations came while quashing a criminal case against a man in July 2023 in Maharashtra for allegedly raping a woman on the false assurance of marriage. A bench of Justices B V Nagarathna and Satish Chandra Sharma noted that even if allegations in the FIR were taken as true, it does not appear from the record that the complainant's consent was obtained against her will and merely on an assurance to marry. "In our considered view, this is also not a case where there was a false promise to marry to begin with. A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State," the bench said. "Such conduct not only burdens the courts, but blots the identity of an individual accused of such a heinous offence," it said. The bench said the apex court has time and again warned against the misuse of provisions and has termed it a "folly" to treat each breach of promise to marry as a false promise and prosecute a person for the offence of rape. The top court delivered its verdict on an appeal filed by the accused who had challenged the Bombay High Court's June 2024 order which dismissed his plea seeking quashing of the case registered against him for alleged offences, including that of rape, in Satara. The apex court noted the case was registered on a complaint by the woman who alleged that during June 2022 till July 2023, the accused forcibly had sexual intercourse with her on the false assurance of marriage. The accused had denied the allegations. The bench noted after the FIR was lodged, the accused approached a trial court seeking anticipatory bail, which was granted in August 2023. It said the accused and complainant were acquainted since June 2022 and she herself admitted that they interacted frequently and fell in love. The bench noted the investigation had also revealed that 'Khulanama' was executed on December 29, 2022 which the complainant had obtained from her ex-husband. 'Khula' allows a Muslim woman to unilaterally divorce her husband by returning his dower. "It is inconceivable that the complainant had engaged in a physical relationship with the appellant , on the assurance of marriage, while she was already married to someone else," the bench said. The bench said it also cannot ignore the complainant's conduct in visiting the native village of the accused without any intimation, which was also unacceptable and reflected the "agitated and unnerved state" of her mind. "For the same reason, the criminal prosecution against the appellant herein is probably with an underlying motive and disgruntled state of mind," it noted. "There is also no reasonable possibility that the complainant/respondent no. two or any woman being married before and having a child of four years, would continue to be deceived by the appellant or maintain a prolonged association or physical relationship with an individual who has sexually assaulted and exploited her," the bench said. The top court allowed the appeal and set aside the high court's order. "Taking into consideration that the appellant is just 25 years of age, and has a lifetime ahead of him, it would be in the interest of justice that he does not suffer an impending trial and, therefore, the proceedings emanating from... are quashed at this stage itself," it said.
