The Madras HC stated that a Muslim woman can dissolve the marriage through Khula, but this can only be granted by a family court, not by a Shariat Council

Mohammed Rafi v The State

The Madras High Court has stated that a Muslim woman has the right to dissolve her marriage through Khula, but this can only be granted by a family court, not by any private or extra-judicial body like a Shariat Council. The court recognizes the right of Muslim women to seek divorce through proper legal channels.

The Madras High Court has ruled that a Khula certificate issued to a woman by a Shariat Council registered under the Tamil Nadu Societies Registration Act is not valid and must be quashed. 

The husband in the case argued that extra-judicial decrees, such as a fatwa or Khula certificate, have no legal standing and cannot be enforced by private individuals or bodies. The lawyer for the Shariat Council, however, pointed to a 2020 Kerala High Court ruling that upheld a Muslim woman's right to seek extra-judicial divorce through Khula. The Shariat Council argued that the current case was not valid given the Kerala High Court's ruling. The Madras High Court ultimately ruled against the validity of the Khula certificate issued by the Shariat Council.

Madras High Court, however, said the Kerala High Court judgment supported the woman only to initiate unilateral divorce through Khula, but not to involve private bodies like Shariat Councils. 

As a result, the Madras HC quashed the Khula Certificate issued by the Shariat Council and instructed the husband and wife to seek resolution of their dispute through the Tamil Nadu Legal Services Authority or a family court. The court has emphasized that divorce decrees must be granted through proper legal channels for them to be enforceable.