The Telangana High Court on Wednesday ruled that a Muslim woman's right to seek Khula, a form of divorce initiated by the wife, is absolute and does not require her husband's consent or even the statement of a reason.
The decision brought forth a discourse on social media on the difference between Khula and Talaq in Muslim marriages.
Couples married under Islamic laws can obtain a divorce by choosing either of the two processes, 'Khula' or 'Talaq.' In India, Triple Talaq was banned in 2019 under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
The key difference between the two is who initiates the divorce process. In the case of Khula, it is the women, while in the case of Talaq, it is the men.
According to a Times of India report, while Khula requires the husband's consent, Talaq might not formally require the wife's consent.
Another essential part of Khula, reportedly, is that the wife must go to court to conclude the process or agree with the husband's terms for mutual divorce. In the case of Talaq, no judicial approval is required.
What Is Khula?
'Khula' refers to the right of a Muslim married woman to initiate the divorce procedure against her husband.
The TOI report says that in order to initiate a Khula, the woman has to formally request a court and cite their specific marital issue that led her to take this decision.
The court might also ask her to return the 'Mehr' or the dower given to her during their wedding and the two might also requite to settle the matter financially to end the marriage.
Once the khula if finalised, the husband might need to financially support their child(if they have any).
What Is Talaq?
A Muslim man initiating divorce from his wife can pronounce the word 'Talaq' thrice to terminate their marriage immediately. As per the Islamic laws, no consent or specific reasons for obtaining the divorce is not required.
“Talaq” also known as talaq-e-biddat was banned in India after the Muslim Women (Protection of Rights on Marriage) Bill, 2019 was introduced in Lok Sabha on June 21, 2019 and passed on July 31, 2019.
According to the act, the declaration in words or in written format became an offence that can lead to an arrest without a warrant.
In case a Muslim man tries to separate from wife using this method, he might be incarcerated for three years. He might only get a bail after the magistrate hears his wife's side of the case.
All About Telangana Case
A Division Bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao in Telangana High Court on June 25 held that under Islamic law, a wife can unilaterally dissolve her marriage through Khula and it wont require the approval of the husband or the issuance of a Khulanama by a Mufti or Dar-ul-Qaza.
The court stated that in the case of a woman needing to leave a marriage, religious bodies can only serve as an advisory role.
The bench reportedly stated, "The only role of a court of law is to put a judicial stamp on the termination of the marriage, which then becomes binding on both parties."
The bench said that the role of the Family Court is restricted to verifying the request for Khula, ensuring a reconciliation attempt and confirming if the applicant will be returning her Mehr.
According to an India Today report, the court stressed that the procedure must remain summary in nature and should not become an elaborate trial.
The judgment came after an appeal was filed by a Muslim man who contested his wife's Khula. The wife reportedly had approached Sada-E-Haq Sharai Council which is an NGO that helps mediate marital disputes.
"When the man refused to consent to the divorce, the council issued a certificate in support of the wife's request and he later challenged the Family Court's refusal to invalidate that certificate," said the report.
The High Court cited Quranic verses 228 and 229 from Chapter II in its verdict in order to underline that Islamic law grants women an unequivocal right to seek Khula.
The court stated that religious texts do not outline any procedure to be followed if a husband refuses to accept Khula, adding, that it only reinforces the woman's autonomous right to terminate the marriage.
