The Telangana High Court has ruled that a Muslim woman has the full right to end her marriage through Khula without needing her husband’s permission. The court said she also does not have to give any reason to ask for the divorce.

A Division Bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao gave this ruling. They said that under Islamic law, a wife can independently decide to end her marriage using khula. The husband’s approval or a certificate (Khulanama) from a Mufti or Dar-ul-Qaza is not required.

The court explained that religious bodies only have an advisory role in such matters and cannot stop a woman from using her right to leave a marriage.

The judges said, “The only role of a court of law is to put a judicial stamp on the termination of the marriage, which then becomes binding on both parties.”

They added that the Family Court’s duty is only to check the wife’s request for Khula, see if any attempt was made to reconcile, and confirm if she is ready to return the mahar (the gift or amount given by the husband during the marriage), if needed. This process should be simple and not turn into a full trial.

This decision came after a Muslim man appealed against a Family Court order. His wife had approached Sada-E-Haq Sharai Council, an NGO that helps in marriage disputes. When he refused to agree to the divorce, the council issued a certificate supporting the wife. He challenged the certificate in court, but the High Court rejected his appeal.

The court referred to Quranic verses 228 and229 from Chapter II, stating that the Quran gives women the clear right to ask for Khula. It also said that religious texts do not ask for any special steps if the husband refuses, showing that the wife’s right to leave the marriage is independent and absolute.

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