The court emphasized only recognized courts or officially appointed qazis possess the legal mandate to grant or validate a divorce

Hyderabad: The Telangana High Court has clarified that while "khula"—the right of a Muslim woman to unilaterally divorce her husband—is indeed a legitimate right, its legal dissolution can only be pronounced by a court of law and not by private religious bodies. This decision reinforces the judiciary's exclusive authority in matters of marital dissolution, including those under Islamic personal law.
The High Court dismissed an appeal filed by a husband challenging a family court's decision that had upheld a homemaker's 'khula'. The court emphasized that religious bodies such as muftis or sharia councils lack the legal standing to declare the termination of a marriage. Only recognized courts or officially appointed qazis possess the legal mandate to grant or validate a divorce.
This ruling by the Telangana High Court aligns with recent pronouncements from the Supreme Court, which has also reiterated the judiciary's role in overseeing the dissolution of marriages, including those initiated through 'khula'. The judgment serves to bring greater clarity and legal certainty to the process of 'khula' for Muslim women in India, ensuring that such dissolutions are formally recognized and processed through the established legal framework.
Published: 26 Jun 2025, 11:21 am IST
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