Muslim women can unilaterally divorce, rules Telangana HC
Bengaluru, June 26 -- The Telangana high court has 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, in a significant ruling that underscores the autonomy of Muslim women within personal law.
Khula is a form of divorce under Islamic law where a Muslim wife initiates the dissolution of her marriage, typically by relinquishing her claim to dower (mehr). It is a no-fault, non-confrontational divorce.
Delivering the judgment on Tuesday, a bench of Justices Moushumi Bhattacharya and BR Madhusudhan Rao noted that khula is a no-fault, non-confrontational mode of divorce, initiated solely at the wife's instance, and once the demand is made, it takes immediate effect in the private sphere.
The bench categorically stated that obtaining a certificate of divorce from a Mufti or Dar-ul-Qaza (Islamic tribunal) is not essential to formalise a khula divorce.
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