Muslim wife has absolute right to divorce by Khula sans husband's consent: Telangana High Court

The Telangana High Court, in a landmark judgment, has ruled that a Muslim wife has an absolute right to divorce through "Khula" and does not require her husband's consent for it. Khula is a form of divorce initiated by the wife in Islamic law. The court held that if the wife has taken a firm decision to dissolve the marriage and is willing to return the "mahr" (dower) received at the time of marriage, the divorce is irrevocable. The judgment clarifies that the husband's consent is not a prerequisite for the validity of Khula. The court stated that the role of a Qazi or a family court in such a case is merely to record the wife's declaration of divorce. This ruling is a significant affirmation of the rights of Muslim women, providing them with an unequivocal and unilateral right to exit a marriage.