A Muslim married woman’s right to demand Khula is absolute and does not have to be predicated on a cause or acceptance of the demand by her husband, the Telangana High Court said.
A Bench of Justices of Moushumi Bhattacharya and B.N. Madhusudhan Rao, said this while dismissing an appeal filed by a man seeking a direction to set aside a family court order that accepted the ‘Khula’ secured by his wife. Khula, translating to relinquishment in Arabic, 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.
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The Bench observed that the appellant did not challenge the formulation of requirements by the Family Court nor its conclusion that his marriage was not subsisting. The only grievance of the appellant was that the Family Court lacked jurisdiction to issue the Fatwa or the Khulanama in favour of his wife. Once the Family Court announced its decision, the appellant should show a factual or legal error warranting the interference by the HC. “The appellant has not shown any such infirmity,” the Bench observed.
