Muslim Law
Khula explained.
Khula is a form of divorce demanded by Muslim wife.
Reasoning The Bench explained that the ‘Khula’ literally translates to relinquishment in Arabic.
It is a mode of dissolution of marriage when the wife does not want to continue with the marital tie and can settle the matter privately by consulting a Mufti (Jurist Consult) of her School.
In a Khula divorce, the wife proposes to her husband for dissolution of marriage which may or may not be accompanied by an offer on the part of the wife to give something in return.
The wife may however offer to relinquish her claim to Mahr (Dower) as an option available to her but which is not a pre-requisite for a Khula divorce.
The Bench said, “The difference between a Khula divorce and a Mubaraat divorce is that the former is initiated by the wife whereas both spouses desire a separation in a Mubaraat divorce.
In essence, a wife’s right to Khula is parallel to a husband’s right to Talaq and both forms of divorce are unconditional.”
Referring to various case laws on the matter, the Bench observed that the Khula is a no-fault divorce initiated by the Muslim wife.
Upon a demand for Khula, the husband does not have the option to refuse the demand save and except to negotiate the return of the dower (Mehr) or a part thereof.
The husband however does not have the right to refuse Khula merely because the wife declines to return the dower or a part of it. Khula is, therefore, a non-confrontational form of divorce and one which is privately settled after the parties have made an attempt to preserve the marriage.
Telangana High Court
A vs B
75 of 2024