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Telangana High Court on Khula: ‘Without husband’s consent or Mufti’s Certificate of Mufti to get an open divorce for a Muslim woman’, Telangana High Court’s big decision, Telangana High Court Says without Consent of Husband Muslim Woman Can Seek Divorce KHUNDER

by Amit Tripathi
June 26, 2025
Telangana High Court on Khula: 'Without husband's consent or Mufti's Certificate of Mufti to get an open divorce for a Muslim woman', Telangana High Court's big decision, Telangana High Court Says without Consent of Husband Muslim Woman Can Seek Divorce KHUNDER

Hyderabad. The Telangana High Court has given an important decision about Muslim women. Justice Moushumi Bhattacharya and Justice BR Madhusudan Rao of Telangana High Court have said in their judgment that the Muslim woman has the right to divorce under the husband’s approval. If a Muslim woman wants to separate from her husband, she can do so under open. The bench of the Telangana High Court also said in the judgment that if a Muslim woman wants to separate from her husband under open, she does not even need to take Khulnama from Mufti or Darul Kaja.

The Telangana High Court bench described the fact that private dispute should be brought to court from the individual area. Where the parties want a decision on the demand of the woman’s open. The court said that this means that the demand for opening from the wife becomes effective immediately. Provided that the matter remained in the private and non -judicial sector of both sides. A bench of the High Court said that the right to demand an open of a Muslim woman is complete. There is no need to accept it or give reasons on behalf of the husband. The court said that for this reason, its role is also limited to judicial seal at the end of marriage.

The Telangana High Court also cited the verse of Chapter 2 of the Quran 228 and 229. The court said that in these verses of the Quran, the wife has been given full right to cancel the husband. The court said that no predecessor has been given in these verses to achieve the consent of the husband for the validity of open. A man had moved the Telangana High Court for divorcing an open from his wife. The person’s decision was challenged by the person in the petition. The Family Court had dismissed his plea against the divorce certificate issued by an NGO named Sad-e-Hak Sharai Council to settle the wedding disputes. The person denied to agree to open. After which his wife contacted the council.

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