Muslim ...

or Dar-ul-Qaza (Islamic tribunal) is not essential to formalise a khula divorce.

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“The opinion given by a Mufti is advisory in nature,” the bench said.

“Approaching a Mufti for a khulanama is not compulsory...the fatwa given by a Mufti is not legally enforceable in a court of law.”

According to the judgment, a private khula becomes effective the moment the wife expresses her intention to dissolve the marriage, unless the matter escalates to a judicial forum. In such cases, the family court’s role is limited and procedural.

“The Family Court is simply to ascertain whether the demand of khula is valid upon an effective attempt to reconcile the differences between the parties; or any offer by the wife to return the dower. The enquiry should be summary in nature without long-drawn out evidence — adjudication,” the court said.