In K v. I [2026: KER: 72743], the Kerala High Court observed that a detailed enquiry is neither necessary nor desirable in a proceeding for endorsement of an extrajudicial divorce by khula.
The Court held that the Family Court need only consider whether the three ingredients of a valid khula, as laid down in X and Others v. Y and Others [2021 (2) KLT 967], have been satisfied. These are:
- A declaration of khula by the wife;
- An offer to return the mahr (dower) or other material benefit; and
- A prior attempt at reconciliation, which must have been made but failed.
The Court further observed that the validity of khula does not depend on the husband’s consent or acceptance, and that the Family Court’s scrutiny is confined to these three ingredients.
The Court relied on earlier Division Bench decisions in Sudheer v. Surumiya [2026:KER:72743] and Muhammed Ashar K. v. Muhsina P.K., [2025:KER:76062], which had taken the same view.
