Khulanama Valid

Dear Client,
Under Islamic law, Khula is a way for a Muslim woman to initiate a divorce without her husband's consent by returning the mahr or dowry that she received at the time of marriage. Unlike talaq, which is the right of a husband to unilaterally divorce his wife, khula empowers the wife to initiate the divorce process. It is important to note that khula can only be initiated by the wife and not the husband. Once the mahr or dowry is returned, the marriage is considered permanently dissolved. In some cases, there may be a waiting period after Khula before the divorce is final. This waiting period is known as the 'iddah period' and is typically three menstrual cycles. The judgment delivered on April 9, 2021, by a division bench of Kerala High Court comprising Justices A Muhamed Mustaque and C S Dias, unequivocally stated that a Muslim woman’s right to khula is “absolute” and “does not hinge on the husband’s consent or assent.” The Family Courts are empowered to entertain a divorce application and pass a decree to dissolve a marriage under Section 7(1)(b) of the Family Courts Act of 1984 read with Section 2 of the Dissolution of Muslim Marriages Act of 1939 and Section 2 of the Muslim Personal Law (Shariat) Application Act of 1937. Recently, the Supreme Court held that a deserted and divorced Muslim woman is entitled to file a petition for maintenance against her ex-husband under Section 125 of the Cr. PC. The Court held that this right of a Muslim woman is in addition to the right under the Muslim Women (Protection of Rights on Divorce) Act 1986. If required, hire an Advocate to navigate the issue in the right way.