The Telangana High Court has ruled that Muslim women have an absolute and unconditional right to end their marriage through khula, a form of divorce initiated by the wife, without needing the husband’s approval.
Khula is a way under Islamic law where a wife can ask for divorce, often by giving up her right to maintenance (mehr). The court emphasized that this right is unconditional and does not require the husband’s consent.
A bench of Justices Moushumi Bhattacharya and BR Madhusudhan Rao said,
“The wife’s right to demand khula is absolute and does not depend on any cause or acceptance by the husband. The court’s only role is to officially confirm the end of the marriage.”
The case came after a Muslim man challenged a family court’s decision to uphold a khula divorce certificate issued by the Sada-E-Haq Sharai Council, a group of Islamic scholars. The husband opposed the khula because he did not agree to it.
The High Court also clarified that a certificate from a mufti or Islamic tribunal is not mandatory to finalize a khula divorce.
“The opinion of a mufti is advisory only,” the court explained.
“Going to a mufti to get a khulanama is not compulsory, and their fatwa is not legally enforceable.”
According to the judgment, khula becomes effective the moment a wife expresses her intention to dissolve the marriage, unless the matter reaches the court. In such cases, the family court simply confirms whether the demand is genuine and tries to reconcile the couple briefly.
“The Family Court’s inquiry should be quick and simple, not a long trial,” the judges said.
The court placed the wife’s right to khula on the same level as the husband’s right to talaq (unilateral divorce by the husband), stating both are unconditional rights under Islamic law.
“A wife’s right to khula is equal to a husband’s right to talaq. While the husband can negotiate the return of mehr, he cannot force the wife to stay in the marriage,” the court noted, citing the Quran and past Supreme Court rulings.
The court rejected the idea that a husband’s consent is required for khula, saying neither the Quran nor Hadith demands it.
The judges also acknowledged concerns raised by the woman’s lawyer about the uncertain situation of Muslim women after khula and expressed hope that courts’ decisions will help bring clarity and justice.
“We are confident that this law will help ease the difficulties faced by Muslim women,” the bench said.
