Definition and Concept:
Khula is a form of divorce initiated by the wife under Islamic law, wherein she seeks dissolution of marriage by returning the mehr (dower) or other consideration received from the husband. The term “Khula” literally means “to put off” or “to release.” It provides Muslim women with the right to end an unhappy marriage when continued cohabitation becomes impossible. The husband’s consent is generally required, but if he refuses without reasonable cause, the wife can approach the court for relief. In India, the right of Khula is recognized under Section 2(ix) of the Dissolution of Muslim Marriages Act, 1939, which allows a Muslim woman to obtain a judicial divorce if the husband fails to treat her fairly or neglects her needs, thus empowering women through lawful separation.
Legal Framework and Procedure:
Under Muslim Personal Law (Shariat) Application Act, 1937, Muslim marriages and dissolutions are governed by Islamic principles. In Khula, the wife offers to return the dower (mehr) or any property received from her husband in exchange for release from the marital tie. Once the husband accepts, the marriage is dissolved irrevocably. However, if the husband unreasonably refuses, the court may intervene under the Dissolution of Muslim Marriages Act, 1939, ensuring justice and equity. The purpose of this doctrine is to protect women from marital cruelty, desertion, or neglect. Courts also examine whether the offer of compensation is fair and made voluntarily, maintaining the balance between Shariat principles and modern legal safeguards for women’s rights in marriage.
Importance and Judicial Recognition:
Khula reflects the spirit of justice and mutual respect in Islamic marital relations. It upholds the principle that marriage should be based on free consent and not coercion. Indian courts have consistently recognized Khula as a legitimate form of divorce under Muslim law. It provides Muslim women a direct means to end a marriage that has become intolerable without having to prove cruelty or misconduct in every case. The recognition of Khula under Indian family law symbolizes the legal balance between religious freedom and constitutional protection under Article 21 (Right to Life and Personal Liberty), ensuring that women’s dignity and autonomy are respected within the framework of Islamic jurisprudence.
Real-Time Example:
In the case of Zeenat Fatima v. Mohammad Iqbal (2022, Kerala High Court), the wife sought Khula on grounds of cruelty and incompatibility. The husband refused to grant divorce, but the court upheld her right to dissolve the marriage through Khula, observing that a woman cannot be forced to remain in an unwanted marriage. The court emphasized that Islamic law allows Khula as an act of justice and compassion, and refusal by the husband without valid reason cannot deny her legal remedy. This case reaffirmed that Khula is a judicially enforceable right, not merely a contractual arrangement.
Mnemonic to Remember:
“KHULA = Kind Heart Understands Letting Apart”
- K – Kind → Based on fairness and consent
- H – Heart → Wife initiates with genuine cause
- U – Understands → Court ensures equity
- L – Letting → Dissolution by returning mehr
- A – Apart → Marriage ends peacefully and legally
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