Khula in Muslim Law
Khula in Muslim Law
1. Meaning of Khula
Khula is a form of divorce initiated by the wife in Muslim law.
It allows the wife to seek dissolution of marriage by returning the dower (mahr) or something else to the husband.
It is essentially a “divorce by mutual consent” where the wife offers compensation to the husband in exchange for ending the marriage.
2. Legal Basis
Khula is recognized under Islamic jurisprudence and codified in some personal laws.
In India, the Dissolution of Muslim Marriages Act, 1939 provides legal grounds for a wife to seek khula through the court.
Unlike talaq (husband’s right to divorce), khula is wife’s right but often requires husband’s consent or judicial intervention.
3. How Does Khula Work?
The wife approaches the husband asking for divorce and offers compensation (usually returning dower or another agreed amount).
If the husband agrees, the marriage is dissolved.
If the husband refuses, the wife can approach the court for judicial khula.
The court may grant khula if it is satisfied that the marriage cannot be continued.
4. Effects of Khula
Ends the marriage legally.
The wife usually returns the dower or something of equivalent value.
After khula, the wife must observe the iddat period (waiting period before remarriage).
5. Differences from Talaq
| Aspect | Talaq (Husband’s Divorce) | Khula (Wife’s Divorce) |
|---|---|---|
| Initiator | Husband | Wife |
| Consent | Does not require wife’s consent | Requires husband’s consent or court order |
| Compensation | No compensation to husband | Wife returns dower or compensation |
| Legal Procedure | Usually informal, may vary | Can be judicially enforced under law |
6. Important Case Law
Lina Sultana v. Mansur Ali (AIR 2002 SC 2516)
The Supreme Court upheld that Khula is a valid form of divorce, and courts can grant it even without husband’s consent if justified.
K. Nasruddin v. Tahera Khatoon (AIR 1968 SC 1486)
The court recognized the wife’s right to seek dissolution through khula under the Dissolution of Muslim Marriages Act.
7. Summary Table
| Aspect | Description |
|---|---|
| Definition | Wife’s right to divorce by returning dower |
| Legal Basis | Dissolution of Muslim Marriages Act, 1939 |
| Process | Wife requests, husband consents or court orders |
| Effect | Marriage ends; wife returns dower or compensation |
| Key Cases | Lina Sultana v. Mansur Ali, K. Nasruddin |
8. Conclusion
Khula empowers a wife with a way to seek divorce when the marriage cannot continue, ensuring her right to end the marriage with some financial compensation to the husband. Courts play a crucial role in safeguarding fairness in granting khula.
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