Udaipur, July 21, 2025: The Telangana High Court, dealing with an appeal that had been moved by a Muslim man who was divorced by his wife, declared in its order dated June 26, 2025 that that a Muslim wife possesses absolute right to annul her marriage through Khula, and the husband’s consent is not a prerequisite for its validity. A Muslim man had moved the Court while challenging a Family Court’s decision to reject his petition for a declaration against a divorce certificate that had been issued to him by Sada-E-Haq Sharai Council which is an NGO for resolution of marital disputes.

The judgment authored by Hon’ble Ms Justice Moushumi Bhattacharya for a Division Bench of Telangana High Court comprising of herself and Hon’ble Mr Justice BR Madhusudhan Rao, noted that the Sada-E-Haq Sharai Council had followed due procedure in issuing a Divorce Certificate to the wife. The Trial Court also found that the wife had obtained ‘Khula’ divorce from the appellant by following the procedure laid down by the Courts.

Facts of the Case

In its order, the Division Bench elaborated the facts of the case, in which it was mentioned that the man and woman were married on June 1, 2012. During her stay of 5 years in their marital home, the wife made several complaints against her husband, alleging assault and other acts of violence. On July 7, 2017, on being assaulted by the husband, the wife was admitted in a hospital and was shifted to her parents’ house after being discharged from the hospital. Subsequently, the wife demanded Khula divorce, which the husband refused. The wife, thereafter, approached the Sharai Council for grant of Khula divorce. The said Council consisted of experts in Muslim Law: a Mufti, a Professor of Islamic Studies, a Professor of Arabic and the Imam of a Mosque. The council then sent three notices to the husband, with the demand for Khula divorce and invited the husband to attend a reconciliation meeting. The husband visited the office of the Sharai Council and handed over a letter to them, questioning the authority of the council in assuming the duty/jurisdiction to resolve/mediate the disputes between the couple and refused to attend the reconciliation meeting scheduled on September 26, 2020.

Upon the failed conciliation efforts between the parties, the Sada-E-Haq Sharai Council issued a Khulanama (Divorce Certificate) on October 5, 2020 to the wife, certifying the dissolution of the marriage. The husband, however, did not accept the Advisory Opinion/Fatwa/Khula nama issued by the Council and filed a Petition against the wife and the Council in the Family Court at Hyderabad. The husband prayed for a declaration that the Khulanama was null and void and without authority of law and also sought a restraint on the wife from claiming that the wife is no longer the man's wife. The Family Court dismissed the said petition by the impugned order dated February 6, 2024.

What is Khula

The Division Bench noted that the concept of Khula is explained in the Holy Qur'an, in Surah Baqarah (Chapter 2), Ayat (Verse) 229.

"Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For who so transgresseth Allah’s limits: such are wrongdoers.’”

The Division Bench also noted that in the same Surah, Ayat 228 and 229 confer absolute right on the on the wife to annul the marriage with her husband. The husband’s consent is not a precondition for the validity of Khula.

Wael B. Hallaq in his book (Sharia Theory Practice Transformation at Pages 283-284) refers to Khula:

Another form of marital dissolution, apparently more widespread than talaq is khula. “If a woman dislikes her husband due to his ugly appearance or as a result of discord between the two, and she fears failure to fulfill her (marital) duties toward him, she may rid herself of him for consideration. But even though she may not dislike anything (about him), and they amicably agree to separate (through khula) without a reason, it is also permissible.”

The Division Bench Explaining the Order

Rejecting the man's petition, in its order, the Division Bench mentioned that the consensus which emerges from the decisions is that Khula is a no-fault divorce initiated by the Muslim wife. Upon a demand for Khula, the husband does not have the option to refuse the demand save and except to negotiate the return of the dower (Mehr) or a part thereof. The husband however does not have the right to refuse Khula merely because the wife declines to return the dower or a part of it. Khula is, therefore, a non-confrontational form of divorce and one which is privately settled after the parties have made an attempt to preserve the marriage. In the present case, after considering the factual matrix, the Family Court formulated six legal requirements, which are set out below:

1. The khula should be preceded by reconciliation attempts. efforts to sort out the differences between husband and wife.
2. The wife may offer some consideration to the husband to accept the divorce. Even if no consideration is offered by the wife, it’s a valid khula.
3. For a valid khula, the husband’s concurrence is not necessary.
4. If the husband does not agree to the khula, the wife can approach the mufti/khazi/or other religious functionaries and obtain khula nama from them.
5. If the said khula nama is not acceptable to the husband, he can file a case in the Family court against the same.
6. The family court then decides the validity of the khula based on the points 1 to 3.

Although Khula divorce is recognized as a private non-confrontational dissolution of marriage, the wife has the option to approach the Qazi for a Khulanama (Certificate of Divorce) if the husband refuses to grant the Khula. The husband, in turn, is entitled to approach the Court if he disputes the demand for Khula or the Khulanama. The Family Court, in essence provides a forum (the only forum) to both the parties to ventilate their grievances in relation to the status of the marriage. The requirements formulated by the Family Court paraphrases the essentials for a Khula divorce for attaining finality.

The Order

The Division Bench addressed the husband's grievance regarding the jurisdiction of the Council to issue a Fatwa or Khulanama, noting that the formulation of requirements by the Family Court and the conclusion of the marriage's dissolution were not contested. It emphasized in its order that a Khulanama from a Mufti or Dar-ul-Qaza is not necessary for finalizing a marriage dissolution; the wife's demand for Khula is effective immediately once made in the personal sphere. The order states that the wife's right to demand Khula is absolute, with the court's role being to officially recognize the termination of the marriage. The Division Bench further noted that the Family Court's duty is clarified as validating the demand for Khula, ensuring any reconciliation attempts are summarized without lengthy evidence. Moreover, the Division Bench deemed the request to nullify the Khulanama as unnecessary. Finally, it recognized in its order that the application filed by the appellant was misguided and found certain requirements established by the Family Court regarding Mufti's powers to be contrary to existing law.

The Division Bench of the Telangana High Court, led by Hon’ble Ms Justice Moushumi Bhattacharya and Hon’ble Mr Justice BR Madhusudhan Rao, affirmed the correctness of a Family Court order rejecting a husband's plea regarding the issue of Khula divorce. They clarified that a Mufti or Religious Functionary does not possess the authority to certify such a divorce and upheld the right of Muslim women to initiate Khula without the husband's consent. Consequently, the appeal was dismissed, and all related applications were resolved, emphasizing the independence of a Muslim wife's right to divorce.