Kerala HC: In Khula, Wife Must Return Mahar & Make Statement of Intention

The Kerala High Court clarified the legal validity of “khula” (divorce initiated by a Muslim wife), stating that it is valid only when the wife expresses clear intention to dissolve the marriage and returns the mahar (dower) received from the husband. The Court underscored that khula is a contractual form of divorce under Islamic law requiring mutual obligations. The judgment aims to prevent unilateral misuse and ensure adherence to the principles of fairness and equality embedded within personal law.