**Telangana High Court Upholds Muslim Women’s Right to Khula Divorce**
The Telangana High Court has reaffirmed the right of Muslim women to initiate unilateral divorce through Khula, sparking renewed discussions on marital equality and personal laws. In a landmark ruling on June 25, the bench comprising Justices Moushumi Bhattacharya and BR Madhusudhan Rao delivered the verdict in the case of ‘Mohammed Arif Ali v. Smt. Afsarunnisa and Another.’
Khula, a form of divorce initiated by the wife, is one of four recognized types of divorce under the Muslim Personal Law (Shariat) Application Act of 1937. This process allows a Muslim woman to seek the dissolution of her marriage, typically involving compensation to the husband, often through the return of the mehr (dower). The other three forms of divorce include Talaq-e-Ahsan, Talaq-e-Hasan, and Mubarat. Notably, the Supreme Court declared the practice of Talaq-e-Biddat, or instantaneous Triple Talaq, unconstitutional in 2017, leading to the enactment of the Muslim Women (Protection of Rights on Marriage) Act in 2019, which criminalized the practice to safeguard Muslim women’s rights.
While Talaq-e-Ahsan and Talaq-e-Hasan are exclusively initiated by men, Mubarat can be initiated by either spouse with mutual consent. Khula stands out as the only divorce form that can be initiated solely by women. The Kerala High Court’s 2022 ruling, which recognized Khula as an absolute right equivalent to Talaq, marked a significant advancement in ensuring equality in divorce rights under Muslim Personal Law. However, the All India Muslim Personal Law Board has contested this view, asserting that Khula requires the husband’s consent after the wife initiates it, and an appeal against the Kerala HC decision is currently pending in the Supreme Court.
The Telangana High Court’s recent ruling came in response to an appeal from a husband challenging a family court’s order that upheld his wife’s Khula, granted by the Sada-e-Haq Sharai Council, a religious advisory body. The couple, married in 2012, faced marital strife after the wife alleged physical assault by her husband in 2017, prompting her to seek Khula. The husband denied the request, leading the wife to approach the religious council, which attempted reconciliation through multiple notices to him.
This ruling not only reinforces the legal standing of Khula but also highlights the ongoing debate surrounding marital equality in Muslim marriages. The implications of this decision may lead to further discussions on aligning personal laws with constitutional principles of gender justice.
**FAQ**
**What is Khula in Muslim law?**
Khula is a form of divorce initiated by a Muslim woman, allowing her to dissolve her marriage, typically involving compensation to the husband, such as the return of the mehr (dower).
