HYDERABAD: In a significant ruling, Telangana high court has clarified that ‘khula’ – a form of divorce initiated by Muslim women under Islamic law – is a legitimate right, but must be legally processed only through courts, and not by religious bodies. This ensures legal clarity and enforceability of the divorce, the HC said.A division bench comprising justices Moushumi Bhattacharya and B R Madhusudhan Rao on Tuesday upheld a family court’s Feb 2024 ruling in a case where a homemaker had obtained ‘khula’ from her husband, a businessman. The HC ruled that while ‘khula’ was indeed a recognised form of divorce under Muslim personal law, religious bodies such as a mufti or sharia council could not issue binding divorce certificates. Only courts, or a qazi officially appointed under the law, had the legal power to declare the end of a marriage, it said.The HC ruling comes close on the heels of a Supreme Court judgment in April this year, which reaffirmed that while a Muslim woman had the right to seek ‘khula’, it was ultimately the courts, specifically family courts, that had the authority to grant or validate the divorce. The apex court also clarified that while a wife could initiate the process of ‘khula’, the husband could challenge it in court.In the present case, the husband had challenged the ‘khulanama’ (divorce certificate) obtained by his wife, arguing that it was granted by a religious body, Sada-e-Haq Sharai Council, which he claimed had no legal authority. The family court, however, upheld divorce, noting proper legal procedures had been followed. The husband filed an appeal against the verdict, but the HC dismissed it.
