The Telangana High Court ruled that a Muslim woman’s right to Khula, a form of divorce, is absolute and does not depend on her husband’s consent. A division bench of Justice Moshumi Bhattacharya and Justice B.R. Madhusudhan Rao clarified that courts only need to validate the dissolution once reconciliation efforts fail. The court emphasized that Khula becomes effective once the wife makes the demand, even without a Khulanama (divorce certificate) from a Mufti or Islamic council. The case involved a man challenging a Family Court’s order dismissing his plea against a Khula granted by the Sada-E-Haq Sharai Council. The wife had demanded divorce after alleging assault, and the Council issued a Khulanama after failed reconciliation attempts. The husband questioned the Council’s authority but failed to prove any legal error.
The High Court upheld the Family Court’s ruling, noting that Khula is equal to Talaq and does not require the husband’s agreement. The court confirmed that the Family Court’s decision was legally sound and dismissed the appeal. This judgment reinforces the autonomy of Muslim women in marital dissolution under Islamic law.
