Muslim Women's Right to Divorce Absolute, Free of Husband's Consent: HC

REITERATING that a Muslim woman's right to 'Khula' (divorce) is absolute and does not require the husband's consent, the Telangana High Court on Wednesday dismissed an appeal against a family court order.

- TG NAIDU @ Hyderabad

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 alleged domestic abuse, the wife sought Khula. When her husband refused to cooperate, she approached a religious advisory body consisting of Islamic scholars. Despite multiple notices and efforts at reconciliation, the husband declined to participate.

Subsequently, the council issued a Khulanama on October 5, 2020. 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 moved the high court in appeal.