Re: Khulla Divorce without the consent of Husband ......
In Islam (according to my knowledge):
Husband (by default) can give talaq (divorce) to wife without consent of wife.
Wife (by default) can take khula (divorce) from her husband without consent of husband.
Anyhow, there are some procedural requirements and financial implications regarding Mahr (material, property, or cash that is given or promised by husband during the time of nikah … and in present day situation, are mentioned in nikah-nama), hence requirement of court to look into the matter.
Talaq: Husband do not need to go to court but husband loses mahr he gave to wife (mahr muajjal) at time of marriage and also loses mahr (mahr muwajjal) that he has promised but has not given at the time of Talaq (so at the time of talaq he should give her that part of mahr).
Khula: Wife need to go to court to take khula (as verdict from court) and have to return Mahr (only Mahr) what she may have received from her husband (and would lose mahr she is promised and expects to receive) … or have to return nothing or part of mahr, if husband let her keep all or keep some.
It is enough cause of khula that a woman went to court demanding khula, and thus judge should grant her khula, with or without the consent of husband (as husband consent in khula is irrelevant … just like wife consent in case of talaq).
Anyhow, if judge after talking to women, thinks that woman is just asking khula in haste and she does not mean it, or her decision is emotional or due to anger that can subside with time or that problem is trivial that can be sorted out easily, or that an amicable solution could be found that can satisfy both parties (husband and wife), than he can delay Khula for few months (with good intention) to calm down the situation.
Anyhow, if woman insists than judge should not try to impose his will over her decision and should respect her will (demand), granting her khula as asked, then judge should fulfill her will of khula as soon as possible ... delay could happen due to judge contacting or giving notice to husband, telling him the reasons of khula demand (that husband may contest and try to mend his relationship with wife), and return of mahr what husband gave... unless return of mahr would not be necessary if husband forgo the mahr.
[Note: In this world of deception and lies, most of the time argument could arise about mahr... and that is the reason it is recommended in Islam that a couple should keep record with witnesses, of each transaction between them, because no one knows what awaits them in future.
We should understand (that unfortunately many do not) that in Islam, marriage do not make each other belongings (wealth or properties of any kind) as shared belongings, rather each individuals, husband or wife, are owner and responsible of their own belongings and thus should look after them as individually owned belongings]
There is no return of any gifts or things (material, property or cash) given by one to another (husband to wife … or wife to husband) that is not part of mahr.
Note: What I know and understand, if a wife takes khula, then if in mahr there was something consumable or has been consumed (like if food and clothing given as part of mahr that got consumed ... or cash that got consumded), or is impractical to return (like kidney as in above story), than wife do not need to return that, even if that was part of mahr. In such situation, judge can decide alternative (equivalent or replacement) to whatever that cannot be returned.
