HYDERABAD: Reiterating that a Muslim woman’s right to Khula (divorce) is absolute and she does not require the husband’s consent, the Telangana High Court on Wednesday dismissed an appeal against a family court order. The appeal also challenged the validity of a Khulanama (divorce certificate) issued by a religious council.
The case involved a couple married in 2012. After years of domestic abuse, the wife sought Khula. When the man refused to cooperate, she approached a religious advisory body consisting of Islamic scholars which issued a Khulanama on October 5, 2020 after reconciliation efforts failed.
Muslim Personal Law recognises Khula
The husband challenged the move in a family court, claiming that the religious council had no legal authority to issue a divorce certificate. When the family court rejected his plea, he approached the high court in appeal.
During the hearing, the appellant argued before a bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao that a non-governmental religious council cannot adjudicate matrimonial matters or issue legally valid divorce documents. He maintained that only a court or a legally appointed Qazi can rule on such matters under Islamic law.
The wife, through her counsel, contended that Khula is a recognised form of extra-judicial divorce under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937. She cited Supreme Court precedents, including Juveria Abdul Majid Patni v. Atif Iqbal Masoori, to argue that a husband’s approval is not necessary for a valid Khula.
The bench, after a detailed analysis of Islamic jurisprudence and past judgments, held that Khula, which translates to relinquishment, is an independent and unconditional right available to Muslim women, akin to a man’s right to pronounce ‘Talaq’.
The bench stressed that once a woman expresses her will to end the marriage and reconciliation efforts fail, the divorce takes effect, regardless of the husband’s opposition.
However, the court clarified that while a religious body may play a role in mediation, it does not have legal authority to issue binding divorce certificates.
Only a court of law or a legally recognised Qazi can determine the status of a contested marriage. The judges endorsed the family court’s earlier findings, including that reconciliation must be attempted, the return of ‘Mahr’ is optional, and the husband’s consent is not a prerequisite for ‘Khula’.
The bench also underlined that certificates from religious institutions carry no legal force unless backed by judicial recognition.