The Kerala High Court on Tuesday (November 1, 2022) said that the right of Muslim women to seek divorce has been approved in Islamic law. It is not necessary that their desire for divorce should match with that of the husband. In other words, Muslim women can still seek divorce even if the husband does not agree to divorce and this right is given to them only in Islamic law.
A bench of Justices A Mohammad Mustaq and CS Dias, while dismissing the review petition against a judgment, observed that Muslim women can use the practice of ‘khula’ even without the consent of the husband. When the process of divorce is started on behalf of a Muslim woman, it is called ‘Khula’.
The Kerala High Court, while dismissing the review petition, said that it seems that the petition has been given out of male-dominated mindset, who are unable to digest the rights given to Muslim women. The appeal from which the review petition arose was filed challenging the decree of divorce granted to a Muslim wife under the Dissolution of Muslim Marriage Act, 1939. It was argued in the review petition that if a Muslim wife wants to terminate her marriage with her husband, she will have to seek divorce from her husband and on his refusal, she will have to approach the Qazi or the court.
Though the petitioner held that a Muslim woman has the right to seek divorce of her own free will, she also argued that she does not have the right to adopt ‘khula’. Nowhere in the world is a Muslim wife allowed to end a one-sided marriage.
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