SC To Examine Muslim Woman's Right To Unilaterally Terminate Marriage Without Husband's Consent Under Khula
New Delhi: Kerala High Court recently upheld a Muslim woman’s right to pronounce khula and terminate marriage without the husband’s consent. However, an appeal was filed against the high court judgement in the Supreme Court. The top court has appointed Senior Advocate Shoeb Alam as amicus curiae to examine if a Muslim woman has the right to unilaterally terminate marriage.
A bench of Justice Sanjay Kumar and Justice K. Vinod Chandran listed the case for hearing on April 22, 2026, highlighting that the case involves a question of Muslim Personal Law.
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The Kerala high court had held that Islamic law recognises a Muslim woman’s right to terminate her marriage by resorting to khula and that her will cannot be made dependent on the will of her husband.
The high court also dismissed a review petition against its earlier judgment recognising the right of a Muslim woman to invoke khula, underlining that the court can simply hold that khula can be invoked without the conjunction of the husband in the absence of any mechanism in the country to recognize the termination of marriage at the instance of the wife when the husband refuses to give consent
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