In a landmark decision, the Telangana High Court has ruled that ‘Khula’, a form of divorce initiated by a Muslim woman, is indeed valid under Muslim personal law, but only civil courts possess the legal authority to grant and formalize it. The court categorically stated that Sharia councils or Dar-ul-Qaza have no statutory or constitutional recognition to enforce or declare such divorces in India.
The judgment was delivered in response to a petition filed by a Muslim man challenging the validity of a khula divorce issued by a local Sharia council. The petitioner argued that he was divorced without proper legal procedure or judicial oversight.
A division bench led by Justice Abhinand Kumar Shavili emphasized that while khula is a recognized form of divorce under Muslim personal law, its execution must comply with the civil legal framework of the country. The court stressed that only a family court or a civil court of competent jurisdiction can adjudicate and grant such a dissolution of marriage under the Muslim Personal Law (Shariat) Application Act, 1937, read with the Family Courts Act, 1984.
“No extra-judicial body or religious council has the authority to legally dissolve a marriage. Their advisory opinions cannot substitute judicial orders,” the court observed.
The High Court also cited previous decisions, including those by the Supreme Court, reinforcing that religious forums cannot exercise judicial powers. The court reiterated that marriage and divorce, even under personal laws, are subject to constitutional safeguards and due process.
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Khula remains a legitimate mode of divorce for Muslim women under Islamic jurisprudence.
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However, its implementation requires a court’s decree.
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Sharia councils may offer guidance but cannot issue binding divorces.
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The ruling aligns with Article 14 (equality before law) and Article 21 (right to life and dignity) of the Constitution.
The judgment has received praise from legal scholars and women’s rights activists who have long demanded judicial intervention in matters where women are often left vulnerable by informal, extra-legal divorce practices.
“This ruling is a much-needed step toward protecting the rights of Muslim women and ensuring that no parallel system undermines the authority of the judiciary,” said legal expert Zakia Sultana.
Meanwhile, some religious organizations have expressed concern over what they see as judicial overreach into religious matters. However, the court has clarified that the freedom to profess and practice religion does not include the right to bypass civil law.
The Telangana High Court’s verdict reinforces the primacy of constitutional law in matters of personal law and ensures that women seeking justice under khula receive the same procedural protections as any other citizen. It draws a clear line between religious advisory bodies and judicial authority, setting a precedent for future cases involving personal laws in India.
