In Kuriyodath Musabah v. Isra Askar Parappan [2026:KER:72743], Kerala High Court clarified that a Muslim wife has an absolute right to seek extrajudicial divorce via khula, and the husband cannot refuse to accede to her request and when a party approaches the Family Court to endorse or declare a khula, the court is not required to conduct a lengthy, detailed trial or allow the husband to lead extensive evidence to stall the proceedings but only need to conduct a summary inquiry—treating the matter as uncontested—when recording a Muslim wife’s extrajudicial divorce by khula.
The Family Court only needs to verify that three conditions have been met:
- A clear declaration of khula by the wife.
- An offer to return the dower (mahar) received at the time of marriage.
- An effective attempt at reconciliation prior to the pronouncement
The Court reaffirmed that khula is a Muslim wife’s unilateral right to dissolve a marriage without requiring the husband’s consent.
Under Section 7(d) of the Family Courts Act, recording an extrajudicial divorce involves a summary, uncontested inquiry rather than a full trial with witness examinations or document productions, unless a separate substantive suit challenges the divorce’s validity.
