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Does Divorce Initiated by Muslm Wife Amt to Khula? Mehr Clarification
29-Jan-2026 (In Muslim Law Law)
I am a Muslim woman in India. I want to file a contested divorce through court on the ground of cruelty under the Dissolution of Muslim Marriages Act, 1939. My advocate is saying that since I am initiating the divorce, it will be treated as khula and I will have to give up or return my mehr (mahr).
I want to know clearly:
Is a court-granted divorce initiated by a Muslim wife automatically treated as khula?
No. A court-granted divorce under the Dissolution of Muslim Marriages Act, 1939, is not automatically treated as khula merely because it is initiated by the wife. Khula is a mutual, extra-judicial form of divorce based on consent of the husband, usually involving return of mehr. When a wife seeks divorce on statutory grounds such as cruelty through court, it is a judicial divorce, not khula. In such cases, return of mehr is not mandatory, unless specifically ordered by the court based on facts. Several High Courts have clarified this distinction.
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Adv. Hemalatha Narayanan
Chennai | 100+ Answers
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