Hyderabad: The Telangana High Court has delivered a significant judgment affirming that a Muslim woman has an absolute right to seek divorce through khula, a form of dissolution of marriage initiated by the wife under Islamic law, without requiring her husband’s consent.
The ruling was made by a division bench comprising Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao, while hearing an appeal filed by a Muslim man challenging a family court order that had refused to nullify a khulanama (divorce certificate) issued by a religious advisory council.
Marriage solemnised in 2012
The case originated from a marriage solemnised in 2012. After several years, the wife alleged domestic abuse and sought divorce through khula. When the husband did not agree, she approached a religious council, which attempted reconciliation by issuing multiple notices to the husband.
As he failed to respond, the council eventually issued a khulanama in October 2020. The husband then approached the family court, arguing that only a Qazi or a court had the authority to dissolve the marriage, not a religious council. The family court dismissed his petition, and he subsequently appealed to the High Court.
In its ruling, the High Court clarified that khula is a no-fault, non-confrontational form of divorce initiated solely by the wife. Once a demand for khula is made, the husband does not have the right to refuse, except to negotiate the return of the dower (mehr). Even if the wife declines to return the dower, the husband cannot refuse the khula.
The court emphasised that the wife’s right to demand khula is absolute and does not require a specific cause or the husband’s acceptance.
The judgment further stated that the role of the court is limited to putting a judicial stamp on the termination of the marriage, making it legally binding on both parties.
Obtaining khulanama from religious body not necessary: HC
Obtaining a khulanama from a Mufti or religious body is not necessary, as such opinions are only advisory and not legally enforceable. If there is a dispute, the parties may approach the court for a binding decision on the marital status, the court stated.
The High Court also upheld the family court’s findings that reconciliation efforts had been made and that the marriage was no longer subsisting.
The only grievance of the appellant was regarding the authority of the religious council, which the High Court clarified does not have legal recognition to issue binding divorce certificates.
