A Muslim woman in India has more than one way to end her marriage. She can seek khula, agree a mubarat with her husband, or go to the Family Court for a decree under the Dissolution of Muslim Marriages Act, 1939. Alongside the divorce, she has rights to mehr, maintenance, custody of the children and the return of her property. This guide explains each route and what follows.
The routes at a glance
| Route | Who starts it | What it needs |
|---|---|---|
| Khula | The wife | Her decision to end the marriage, usually with return of mehr or another agreed consideration; confirmed by the Family Court where needed |
| Mubarat | Both, by mutual agreement | Agreement of both spouses on ending the marriage and its terms |
| Talaq-e-tafweez | The wife, under a power delegated in the nikahnama | A clause in the nikahnama giving her the right to pronounce talaq |
| Decree under the 1939 Act | The wife, by a petition | Proof of one of the grounds in Section 2 of the Act |
Khula
Khula is divorce at the wife’s instance. In Mohammed Arif Ali v. Afsarunnisa (June 2025), the Telangana High Court held that a Muslim wife’s right to seek khula is absolute and does not depend on her husband’s consent. The Court’s role is to verify the request, ensure an attempt at reconciliation and confirm the return of mehr, and then put a judicial stamp on the termination of the marriage. The Court also said that a khulanama from a mufti or a dar-ul-qaza is advisory and not necessary. The Kerala High Court had taken a similar view in 2021.
These decisions are from other High Courts. They are persuasive, not binding, in Maharashtra, and the Bombay High Court’s position should be checked for the case at hand. In practice, a wife whose husband refuses khula can approach the Family Court for a declaration.
Decree under the Dissolution of Muslim Marriages Act, 1939
Section 2 of the Act allows a wife to obtain a decree of divorce on any of these grounds:
- the husband’s whereabouts have not been known for four years;
- the husband has neglected or failed to provide for her maintenance for two years;
- the husband has been sentenced to imprisonment for seven years or more;
- the husband has failed, without reasonable cause, to perform his marital obligations for three years;
- the husband was impotent at the time of marriage and remains so;
- the husband has been insane for two years, or suffers from leprosy or a virulent venereal disease;
- she was married before 15 and repudiated the marriage before 18, provided it was not consummated;
- cruelty, including habitual assault, associating with women of evil repute, forcing her into an immoral life, disposing of her property, obstructing her religious practice, or, with more than one wife, not treating her equitably;
- any other ground recognised as valid for dissolution under Muslim law.
In Mumbai, the petition is filed in the Family Court at Bandra.
Talaq by the husband: what the law now says
Instant triple talaq (talaq-e-biddat) is void and illegal. The Supreme Court so held in Shayara Bano v. Union of India (2017), and the Muslim Women (Protection of Rights on Marriage) Act, 2019 makes pronouncing it an offence punishable with up to three years’ imprisonment. A wife against whom it is pronounced can claim subsistence allowance and custody of minor children under that Act.
Money: mehr, maintenance and fair provision
- Mehr is the wife’s right. Unpaid deferred mehr becomes payable on dissolution, except to the extent she gives it up as consideration for khula.
- Maintenance during iddat and fair provision for the future under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. In Danial Latifi v. Union of India (2001) the Supreme Court held that this includes a reasonable and fair provision for her future, to be made within the iddat period.
- Maintenance under Section 144 BNSS (formerly Section 125 CrPC). In Mohd. Abdul Samad v. State of Telangana (2024) the Supreme Court confirmed that a divorced Muslim woman may claim under this provision as well. See maintenance under Section 144 BNSS.
- Relief under the Domestic Violence Act, 2005, including residence and monetary orders, is available to Muslim women as to anyone else.
Children
Under Muslim personal law the mother traditionally has custody (hizanat) of young children, but in every case the court decides on the welfare of the child. Child maintenance is a separate claim from the wife’s own.
Step by step
- Collect the nikahnama, the mehr details, identity documents and the children’s birth certificates.
- Write down the facts with dates: marriage, separation, any violence, any failure to maintain.
- Decide the route: khula, mubarat, or a petition under the 1939 Act, taking advice where the husband is likely to contest.
- Consider urgent protection first if needed: a residence or protection order under the DV Act, and interim maintenance.
- File in the Family Court at Bandra, or the Magistrate’s court for DV and maintenance applications.
- After the divorce, update the marriage record and documents such as the passport where needed.
Frequently asked questions
Can I get khula if my husband refuses?
The Telangana and Kerala High Courts have held that the husband’s consent is not needed, with the court confirming the dissolution. In Maharashtra, take advice on presenting the case to the Family Court.
Do I have to return my mehr for khula?
Khula is ordinarily accompanied by the return or waiver of mehr, or another consideration. The amount and terms are part of what the court verifies.
Is a khulanama from a mufti enough?
The Telangana High Court described a mufti’s opinion as advisory and not binding. A court order gives the clearest legal finality, which matters for remarriage, passports and property.
Can I claim maintenance after divorce?
Yes. Under the 1986 Act you can claim a fair provision for the future, and under Section 144 BNSS you can claim maintenance if you cannot maintain yourself.
See also: Nikah registration in Mumbai.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes general procedure as understood in October 2026. It is not legal advice; requirements change, so confirm current forms and fees with the office concerned before acting.
Related
- Muslim inheritance law: shares, wills and hiba
- Divorce proceedings in Mumbai
- A wife’s rights in divorce in Mumbai
- Domestic violence
- Matters concerning women