The Kerala High Court has held that a divorced Muslim woman need not be sent to a court of law for recording the talaq if it is otherwise in order as per the personal law.
According to Muslim Personal Law, if a person dies leaving behind daughters and no sons, the daughters are entitled to inherit only two-thirds of the deceased’s property. The rest will go to his/her siblings.
Three daughters had filed a suit claiming their share from their deceased mother s provident fund, gratuity, insurance, leave encashment and other benefits as they contended before the court that being biological daughters, they are Class I heirs.
The bench further said that the state has nothing to do with a girl s personal space if she is married out of her own will and is happy. The bench made this observation while hearing the plea of a couple who got married on March 11, 2022.