Husband’s Consent Not Needed for ‘Khula’: Muslim Wife’s Right to Divorce is Absolute, Rules Telangana High Court
HYDERABAD: In a landmark judgment that significantly underscores the autonomy of Muslim women in personal law, the Telangana High Court on Tuesday held that a Muslim wife has an absolute and unconditional right to dissolve her marriage through ‘khula’, and that the husband’s consent is not a prerequisite for its validity.
Khula is a form of divorce under Islamic law where a wife can initiate the dissolution of the marriage, often by relinquishing her claim to the dower (mehr).
The division bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao delivered the verdict while dealing with an appeal from a man who challenged a divorce certificate obtained by his wife after he refused to consent to the khula.
Key Tenets of the Judgment:
The court, after examining Quranic verses and legal precedents, laid down several crucial points clarifying the law on khula:
- Husband’s Consent is Not Required: The court ruled that a wife’s right to demand khula is absolute. The husband does not have the option to refuse the demand, save for negotiating the return of the dower.
- It is a ‘No-Fault’ Divorce: The wife does not need to state a cause or prove any fault of the husband to seek a divorce through khula. The initiation is solely at her instance.
- Limited Role of Courts: The court made it clear that its role is not to adjudicate the reasons for the divorce but simply to put a “judicial stamp” on the termination of the marriage after a summary inquiry to confirm the demand was made.
- Role of Religious Bodies is Advisory: The judgment clarified that a “khulanama” (certificate of dissolution) from a Mufti or a religious body is not legally necessary to finalize the divorce, as their opinions are only advisory in nature.
The court also specified that while a husband can negotiate the return of the dower (mehr), a wife’s refusal to return it cannot be a ground for the husband to invalidate the khula.
This ruling provides major legal clarity on the process and reinforces the right of a Muslim woman to unilaterally exit a marriage, a right granted to her under Islamic law.
