Landmark Judgment Recognizes Khula under Muslim Personal Law

Landmark Judgment Recognizes Khula under Muslim Personal Law

Understanding the Background:

The High Court of Kerala recently rendered a significant judgment in Matrimonial Appeal No. 813 of 2023, originating from Family Court, Palakkad. Naziya Parveen N, aged 31, petitioned the court against her husband, Sadiq Pasha, seeking endorsement of an extra-judicial divorce under Muslim Personal Law and a declaration of marital status.

Examining the Legal Dispute:

The appellant claimed irreconcilable differences, leading to a broken marital relationship. Despite mediation attempts, the marriage soured irretrievably. The appellant initiated divorce proceedings in Dubai, where counseling sessions failed, and a criminal case ensued. Subsequently, the Dubai Court granted a divorce, upheld on appeal. To formalize the divorce in official records, Naziya invoked Khula, offering Mehr to her husband.

Court’s Legal Precedent:

In light of Asbi K.N. v. Hashim M.U, 2021 (6) KHC 129, the court directed a summary inquiry into the Khula process, emphasizing a valid pronouncement. Despite Family Court dismissal citing ineffective reconciliation, the High Court found ample evidence of mediation, ruling in favor of the appellant. The court recognized the Khula deed, dissolving the marriage as of April 26, 2021.


The appellate court’s verdict sets a legal precedent, affirming the recognition of Khula divorce under Muslim Personal Law. The decision highlights the importance of due legal process in matrimonial disputes, ensuring justice and adherence to religious law.

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