Muslim woman has right to invoke extra-judicial divorce: Kerala HC
In the judgment, the Court elaborately discusses the various modes of dissolution of marriage. Prior to its ruling, the Bench first discusses the modes of dissolution in Muslim personal law generally and then proceeds to discuss the modes specifically available to women.
By News Desk| Updated: 13th April 2021 2:17 pm IST The Court s judgment comes in the context of a clutch of petitions filed before it by aggrieved partners in marriages where extra-judicial modes of dissolution had been resorted to. (Photo: Live Law)
| Live Law
Overruling a 49-year-old judgment that effectively barred Muslim women from resorting to extra judicial modes of dissolving marriage, the High Court has upheld the validity of these modes.
Kerala high court. (File photo)
KOCHI: Right of a Muslim woman to unilaterally divorce her husband outside of court, called khula, is legally valid, the Kerala high court has held.
A division bench comprising justices A Muhamed Mustaque and CS Dias equated khula to the right of talaq available to Muslim men and declared a 1972 judgment (KC Moyin Vs. Nafeesa and Others) that denied such right to a Muslim women as not good law.
Through the 1972 judgment, a single bench had held that a Muslim woman cannot divorce her husband outside of court, as Muslim men are allowed to do through Talaq, and that she has to necessarily move for divorce through a court as Dissolution of Muslim Marriages Act of 1939 (DMMA) requires so.
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In its judgment, the Court overrules a 49-year-old law barring Muslim women from resorting to extra-judicial modes of dissolving a marriage.
Overruling a 49-year-old judgment that effectively barred Muslim women from resorting to extra judicial modes of dissolving marriage, the High Court has upheld the validity of these modes.
Finding that the governing law,
The Dissolution of Muslim Marriages Act did not contemplate the undoing of the modes of extra-judicial divorce available to women under personal law, the bench of Justices A Muhamed Mustaque and CS Dias held,
All other forms of extra-judicial divorce as referred in Section 2 of the Shariat Act are thus available to a Muslim women. We, therefore, hold that the law declared in K.C.Moyin s case (supra) is not good law.
Muslim women can get divorce under personal law, says HC thehindu.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from thehindu.com Daily Mail and Mail on Sunday newspapers.
SC seeks Centre s reply on uniform grounds of succession, inheritance
By IANS |
Published on
Wed, Mar 10 2021 19:42 IST |
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Supreme Court. (File Photo: IANS). Image Source: IANS News
New Delhi, March 10 : The Supreme Court on Wednesday sought reply from the Centre on a PIL seeking gender and religion-neutral uniform grounds of succession and inheritance for citizens in the country.
A bench of Chief Justice S.A. Bobde and Justices A.S. Bopanna and V. Ramasubramanian issued notice to the Ministries of Home Affairs, Law and Justice, and Women and Child Development on the plea filed by Advocate Ashwini Kumar Upadhyay.
Senior Advocate Kiran Suri, appearing Upadhyay, argued the matter before the bench.