Khula is a form of divorce under Muslim law initiated by the wife, in which she seeks dissolution of the marriage by returning the mehr (dower) or other material benefits received from the husband. Under Indian law, khula is recognised as a valid mode of dissolution of Muslim marriage under the Muslim Personal Law (Shariat) Application Act, 1937.
Legal definition
The Muslim Personal Law (Shariat) Application Act, 1937 incorporates the concept of khula through Section 2, which mandates that Muslim personal law shall govern "dissolution of marriage" for Muslims. Khula is not separately codified but is recognised as a mode of dissolution under Islamic jurisprudence as received in India.
Under Islamic jurisprudence, khula involves the wife making an offer to the husband to dissolve the marriage in exchange for a consideration — typically the return of the mehr or waiver of her dower rights. Classically, khula required the husband's acceptance of the offer, but recent judicial developments in India have expanded the scope of unilateral khula by the wife.
The Dissolution of Muslim Marriages Act, 1939 provides additional statutory grounds for Muslim women to obtain judicial divorce, but khula operates as a separate extra-judicial remedy rooted in personal law.
How courts have interpreted this term
Moonshee Buzloor Ruheem v. Shumsoonnissa Begum [(1867) 11 MIA 551]
The Privy Council, in one of the earliest decisions on Muslim matrimonial law in India, recognised khula as a valid mode of dissolution and held that it operates as a mutual agreement to dissolve the marriage, with the wife offering consideration (typically the return of mehr) in exchange for her release from the marriage.
Sayeeda Khanam v. Muhammad Sami [(1952) AIR All 293]
The Allahabad High Court held that khula is a divorce by mutual consent in which the initiative is taken by the wife. The Court observed that the essential elements are: (1) the wife's desire to be released from the marriage; (2) an offer of consideration, usually the return of mehr; and (3) the husband's acceptance. Once the husband accepts, the divorce becomes irrevocable.
Kerala High Court on Unilateral Khula [(2021)]
A Division Bench of the Kerala High Court held that a Muslim woman's right to terminate her marriage through khula is an absolute right directly granted by the Holy Quran, akin to the husband's right of talaq. The Court held that the husband's consent is not necessary, provided the wife makes a clear declaration of termination, offers to return the mehr, and prior attempts at reconciliation have been made. This decision is currently under consideration by the Supreme Court, which has appointed an amicus curiae to assist in the matter.
Why this matters
Khula represents one of the most significant rights available to Muslim women under Islamic law — the right to initiate dissolution of the marriage independently. Historically, the requirement of the husband's consent limited its practical utility, as an unwilling husband could frustrate the wife's attempt to obtain khula by simply refusing to accept the offer. The evolving judicial interpretation, particularly the Kerala High Court's recognition of unilateral khula, has the potential to transform this landscape.
The Supreme Court's pending examination of whether Muslim women have an absolute right to khula without the husband's consent is one of the most significant questions in Muslim personal law jurisprudence today. If the Court upholds unilateral khula, it would provide Muslim women with a right of dissolution analogous to the husband's right of talaq, fundamentally altering the balance of power in Muslim matrimonial relationships.
For practitioners, the key consideration in khula proceedings is the treatment of mehr. The wife typically offers to return the prompt mehr she has received and to waive her right to deferred mehr. However, courts have held that the consideration need not be limited to mehr — it may include other property or benefits received during the marriage. If the parties cannot agree on terms, the matter may be adjudicated by the court.
Related terms
Broader concepts:
Related forms of dissolution:
Consequential:
Frequently asked questions
Does khula require the husband's consent?
This is currently a contested question. Under classical Islamic jurisprudence, khula is generally understood to require the husband's acceptance. However, the Kerala High Court (2021) held that khula is an absolute right of the wife that does not require the husband's consent. The Supreme Court is currently examining this question and has appointed an amicus curiae to assist.
What does the wife have to give up in khula?
The wife typically offers to return the mehr (dower) she has received and to waive her right to deferred mehr. The consideration may also include other benefits received during the marriage. The exact terms are negotiated between the parties or determined by the court.
How is khula different from talaq?
Talaq is the husband's unilateral right to dissolve the marriage. Khula is initiated by the wife and traditionally involves the return of mehr as consideration. Talaq requires no consideration from the wife, while khula involves the wife giving up financial rights. After the 2017 Shayara Bano decision, instant triple talaq is void and criminal, but valid forms of talaq and khula remain available.
Does the wife need to observe iddat after khula?
Yes. Following khula, the wife must observe the iddat period — typically three menstrual cycles for a non-pregnant woman. During this period, she cannot remarry. The purpose is to ascertain whether she is pregnant and to allow a window for possible reconciliation.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.