Muslim women do not need husband’s consent for divorce: Kerala HC

KOCHI: The High Court has ruled that a Muslim woman do not require the husband’s consent to file for divorce.

Justice A Muhamed Mustaque and Justice C S Dias rejected the review petition against a verdict that a Muslim woman can seek divorce under the Islamic law of Khula. Divorce permitted by Islamic law for women is not related to husband's consent. If the husband rejects the demand for divorce, the woman can seek divorce under Khula. As it is valid, there is no need to rely on other legal systems.

Declaration of termination of marriage by wife, consent to return dower or any other wedding gifts and reconciliation attempt are the conditions for khula. The court also pointed out that if the husband rejects the demand for talaq, there is no other way for a Muslim woman to divorce as per the Quran and Sunnah. In April 2021, the court issued an order validating Khula on the petitions which stated the difficulty to get the divorce only through court proceedings.