Can Muslim Woman Invoke Khula & Terminate Marriage Without Husband's Consent? Supreme Court To Consider

The Supreme Court recently appointed Senior Advocate Shoeb Alam as amicus curiae in an appeal against a Kerala High Court judgment upholding a Muslim woman's right to pronounce khula and terminate marriage without the husband's consent.A bench of Justice Sanjay Kumar and Justice K. Vinod Chandran listed the case for hearing on April 22, 2026, noting that the case involves a question of Muslim Personal Law.“List for hearing in the list of regular hearing matters on 22.04.2026. We request Mr. Shoeb Alam, learned senior counsel, to assist this Court in this matter, as it involves a question of Muslim personal law”, the Court stated.The case stems from a judgment of the Kerala High Court which held that Islamic law recognises a Muslim woman's right to terminate her marriage by resorting to khula and that her will cannot be made dependent on the will of her husband.By the impugned judgment, a division bench of Justice A Muhamed Mustaque and Justice CS Dias dismissed a review petition against its earlier judgment recognising the right of a Muslim woman to invoke khula. In the review judgment, the High Court observed, “In the absence of any mechanism in the country to recognize the termination of marriage at the instance of the wife when the husband refuses to give consent, the court can simply hold that khula can be invoked without the conjunction of the husband.”At the outset of its judgment, the High Court stated, “This is a typical review portraying that Muslim women are subordinate to the will of their male counterparts. This review does not look innocuous at the instance of the appellant, but rather appears to have been fashioned and supported by clergies and the hegemonic masculinity of the Muslim community who are unable to digest the declaration of the right of Muslim women to resort to the extra-judicial divorce of khula, unilaterally.”The review petition was filed against a divorce decree granted to a Muslim wife under the Dissolution of Muslim Marriages Act, 1939. In that judgment, the High Court (same bench of Justice Mustaque and Justice Dias) had held that the right to terminate the marriage at the instance of a Muslim wife is an absolute right conferred by the Holy Quran and is not subject to the acceptance or will of her husband. The High Court had further noted that divorce invoking khula is recognized as a similar right conferred upon the husband by way of talaq.The High Court held that a khula would be valid if the wife declares repudiation or termination of marriage, offers to return dower or any other material gain received during the marital tie, and an effective attempt at reconciliation precedes the declaration.In the review proceedings, it was argued that if a Muslim wife wishes to terminate her marriage, she must demand talaq from her husband and, upon refusal, move the qazi or the Court. The Court rejected the contention that on the demand of the wife, the husband has to pronounce talaq.“It is acknowledged by Islamic law that the Muslim wife has the right to demand termination of marriage. The argument that if the husband refuses, she has to move the Court stares at us. For what purpose she has to move the Court, begs the question. The Court is neither called upon to adjudicate nor called upon to declare the status, but simply has to pronounce termination of marriage on behalf of the wife. The Court in our country is not a guardian of an adult and able woman”, the Court held.The High Court further rejected the contention that a Muslim woman has no absolute right to pronounce khula. While dismissing the review petition, the High Court also observed that Islamic clergy without formal legal training cannot be relied upon by courts to decide questions of law relating to Muslim personal law, though their views in matters of belief and practice are entitled to deference.Case no. – Petition for Special Leave to Appeal (C) Nos. 8936-8937/2024Case Title – X v. YClick Here To Read/Downalod Order

Can Muslim Woman Invoke Khula & Terminate Marriage Without Husband's Consent? Supreme Court To Consider

Amisha Shrivastava

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