Right of Muslim Women to Divorce Husband as per will, SC to Decide

The Supreme Court has appointed Senior Advocate Shoeb Alam as amicus curiae to assist it in an appeal challenging a Kerala High Court ruling that affirmed a Muslim woman’s unilateral right to dissolve her marriage through khula without requiring her husband’s consent. Flagging the issue as one involving an important question of Muslim Personal Law, the Court has scheduled the matter for hearing on April 22, 2026, signalling a closer examination of the legal contours governing extra-judicial divorce.

The appeal arises from a Kerala High Court judgment that rejected a review petition against its earlier decision recognising khula as an independent and absolute right of a Muslim woman. The High Court had upheld a divorce decree granted under the Dissolution of Muslim Marriages Act, 1939, firmly rejecting the argument that a wife must first seek talaq from her husband or approach a court or religious authority if the husband refuses consent. The ruling sparked legal debate on the intersection of personal law, gender rights, and the role of courts in recognising marital dissolution initiated by women.

While appointing the amicus, the Supreme Court noted the significance of the legal question involved and formally requested assistance to ensure a comprehensive adjudication, stating, “We request Mr. Shoeb Alam, learned senior counsel, to assist this Court in this matter, as it involves a question of Muslim personal law.” 

The Kerala High Court, whose ruling is under challenge, had reasoned that Islamic law itself recognises khula and that a woman’s will to end the marriage cannot be made contingent on her husband’s approval. It had also cautioned courts against relying on clerics lacking formal legal training for deciding questions of law, while ultimately dismissing the review petition and affirming the validity of unilateral khula.

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