Kerala High Court: husband's consent is not required for a Muslim wife's khula; Family Court need not hold a detailed inquiry

6 October 2026

A Division Bench of the Kerala High Court, Justice J. Nisha Banu and Justice Shoba Annamma Eapen, held that the validity of 'khula' does not depend on the husband's acceptance or consent; it is a right available to the wife to dissolve the marriage.
The Bench held that in a proceeding for endorsement of an extrajudicial divorce, a detailed inquiry is neither essential nor desirable.
The Family Court need only check whether the three ingredients of a valid khula, laid down in X and Others v. Y and Others (2021), have been met: a declaration by the wife, an offer to return the dower or other material gain, and an effective attempt at reconciliation.
The Court dismissed a husband's petition against Family Court orders that refused to hear the validity of khula as a preliminary issue, to let him lead evidence and to keep the wife's petition in abeyance.
It noted that the Supreme Court cases the husband cited, Shamim Ara and Shayara Bano, concern triple talaq, not khula.