Muslim Wife’s Right to Khula Divorce Is Absolute and Not Dependent on Husband’s Consent: Telangana High Court

The Telangana High Court has reaffirmed that a muslim wife’s right to Khula divorce is absolute and not dependent on husband’s consent. This ruling came in the context of an appeal against a Family Court order which upheld the validity of a Khulanama (divorce certificate) issued by a religious advisory body.

A Division Bench comprising Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao was hearing Family Court Appeal No. 75 of 2024, filed against the judgment delivered by the Family Court, Hyderabad, on 6 February 2024. The appellant had contested the legality of the Khulanama issued by a religious institution, seeking a declaration that it held no legal effect.

In this case, the appellant and the respondent were married in 2012. Years into the marriage, the wife accused her husband of domestic abuse and sought Khula as a form of divorce. The husband declined to grant Khula, following which the wife approached a religious advisory council. The council, consisting of Islamic scholars, made several reconciliation efforts and issued three notices to the husband. However, he refused to participate, challenging the authority of the council. Upon failure of reconciliation, the council issued a Khulanama on 5 October 2020.

The appellant then filed an Original Petition before the Family Court, asserting that the religious council had no jurisdiction or legal authority to pronounce a divorce. This petition was dismissed, prompting the present appeal.

During the appeal, the appellant’s counsel argued that the council, not being a statutory or judicial body, lacked authority to issue a divorce certificate. It was contended that under Islamic law, only a court or a recognized Qazi can issue a divorce, and thus the Khulanama had no legal standing.

Conversely, the respondent-wife’s counsel cited Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, affirming that Khula is a form of extra-judicial divorce recognized under Muslim law. Referring to the Supreme Court’s ruling in Juveria Abdul Majid Patni v. Atif Iqbal Masoori [(2014) 10 SCC 736], it was asserted that the wife's right to Khula is independent of the husband’s approval and requires no judicial decree unless contested.

The High Court extensively reviewed the legal and theological framework of Khula, emphasizing that it is distinct from Talaq, which is initiated by the husband. Referring to the Quran (Chapter II, Verse 229), the Court clarified that Khula is a no-fault form of divorce which becomes effective once reconciliation fails.

The Court also outlined four recognized procedural frameworks for Khula:

1. Religious advisory opinions, such as from a Mufti, which are not legally enforceable.
2. Extra-judicial divorce granted unilaterally by the wife, similar to Talaq.
3. Judicial scrutiny in contested cases.
4. Constitutional interpretation confirming that a husband’s refusal has no legal consequence.

While the Court upheld the Family Court’s dismissal of the Original Petition, it clarified that religious councils and Muftis lack legal authority to issue binding divorce decrees. If a dispute arises, only courts or legally recognized Qazis may rule on marital status. The appeal was found to be legally untenable and was dismissed with caution against reliance on non-judicial advisory bodies.

Case details: [Mohammed Arif Ali Vs Smt. Afsarunnisa and Another, Decided on: 24.06.2025]