Khula is a divorce with the consent, and at the instance of the wife, in which she gives or agrees to give a consideration to the husband for her release from the marriage tie.
The Kerala High Court expressed concern that many accused in serious criminal cases, including rape and attempt to murder cases, take advantage of interim not-to-arrest orders to evade arrest for years.
The Court held that even if a DNA test is conducted and paternity is proved, that alone is not sufficient to prove a domestic relationship or marriage and another piece of evidence has to be adduced to prove the same.
Preservation of an unworkable marriage which has long ceased to be effective is bound to be a source of greater misery for the parties, the Court held.
The Court also ordered the State Government to conduct an enquiry into the manner in which search, seizure and arrests in abkari cases have been done in the last 5 years and if any changes are required.