The Telangana High Court has given an important verdict on the right of Muslim women to divorce i.e. Khula. The court said that such women do not need to take anyone else’s consent for divorce.
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Divorce New Rule: Telangana High Court has given a big decision regarding the rights of Muslim women. The High Court has said that they can take a decision for khula i.e. divorce without the consent of the husband. They do not need to take permission from the husband or any religious organization for this. The court said that such women can knock the door of the court and the court’s decision will be binding on both the parties. The court, while referring to the Quran in the decision, wrote that there is no compulsion on the right to take khula unilaterally.
The division bench of Justice Mousumi Bhattacharya and Justice BR Madhusudan said that under Islamic law, Muslim women can break their marriage under khula. In this, it is not necessary to take the consent of the husband, Khulanama of Mufti-Maulavi or permission of Dar ul Qaza. The court said that these religious organizations are only in an advisory role and they are not above the scope of independent rights of women.
The court said, the only thing the court has to do is to put a judicial seal on the breaking of the marriage bond, which will then be equally applicable to both the parties. The court clarified that the role of the family court in examining the application for khula is limited. It should try for reconciliation and confirm whether the wife is ready to return the Mehr or not, if it is related to this case. This should be very brief, it should not be conducted like a court trial.
This decision of the court has come on the petition of a Muslim man against the khula of his wife. The woman had sought help from Sada e Haq Sharai Council in the marital dispute case. After the husband’s refusal, the council had agreed to the woman’s petition for khula. The family court had also approved it, against which the husband approached the High Court.
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