The Telangana High Court has affirmed that Muslim women have an absolute and unconditional right to seek divorce through khula—a form of separation under Islamic law without requiring the husband’s consent.
The decision came from a division bench comprising Justices Moushumi Bhattacharya and BR Madhusudhan Rao, who stated that a woman’s right to khula is equal to a man’s right to talaq (unilateral divorce). The court emphasized that this right is grounded in Islamic principles and does not need the husband’s approval or any specific justification.
The ruling followed a case where a man contested a Family Court’s endorsement of a khula certificate issued by the Sada-E-Haq Sharai Council, an Islamic scholars’ body. The husband argued that the divorce was invalid due to his lack of consent. However, the High Court dismissed his plea, clarifying that once a woman expresses her intention to dissolve the marriage, khula becomes effective—subject only to the court confirming the legitimacy of her claim.
Importantly, the court also held that a khula certificate from a mufti or Islamic tribunal is not legally mandatory. “The opinion of a mufti is merely advisory,” the bench noted, stressing that fatwas issued in such cases carry no legal weight.
The judges directed that family court proceedings in khula cases should be swift and limited to verifying the genuineness of the wife’s decision, without turning into lengthy trials. The court reiterated that while the husband may negotiate the return of mehr (dower), he cannot compel his wife to remain in the marriage.
By equating a wife’s right to khula with a husband’s right to talaq, the court underscored a progressive interpretation of Islamic law and addressed concerns over the legal uncertainties faced by Muslim women seeking separation. The judgment is expected to set a precedent and offer greater clarity and protection for women asserting their right to divorce.
