The Supreme Court Yesterday (1St April) Considerd the matter of unilateral divorce rights for Muslim women via the practice of Khula and issued a notice regarding the appeal.
The Supreme Court (SC) yesterday issued a notice regarding an appeal challenging two verdicts from the Kerala High Court. These verdicts affirmed that Muslim women possess the unrestricted right to unilateral and extra-judicial divorce through Khula under Islamic law.
The bench comprising Justices AS Bopanna and PV Sanjay Kumar has requested a response from the wife involved in the case. This development highlights the ongoing legal scrutiny and discussion surrounding the rights of Muslim women in matters of divorce and personal law.
This highlights the continued legal examination and debate concerning the rights of Muslim women in divorce and personal law matters.
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The bench directed,
“Permission to file SLP (Special Leave Petition) is granted. Delay condoned. Issue notice.”
Khula in Islamic law is a divorce initiated by the wife’s consent, allowing her to release the husband from the marriage.
In October 2022, the Kerala High Court upheld its April 2021 decision, reaffirming that under Islamic law, Muslim women have the right to Khula without needing to involve the court if their husbands refuse. The court stressed its inability to interfere in the termination of marriage unless initiated by the woman, highlighting Khula as a permissible means for Muslim wives to end marriages, regardless of external factors.
The April 2021 ruling overturned a 1972 verdict, reinstating Muslim women’s right to exercise extra-judicial divorce as per Muslim personal law.
The 2021 ruling established that a Muslim woman has the right to obtain a divorce through Khula, irrespective of her husband’s consent, under the following conditions:
- The wife must declare the repudiation or termination of the marriage.
- She must offer to return the dower or any other material gain received during the marriage.
- Prior to declaring Khula, there must be a genuine effort for reconciliation.
The appellant-husband brought the present petition before the Supreme Court due to the adverse rulings in the two High Court judgments. Additionally, the Kerala Muslim Jamaath has lodged an appeal in the same matter.
The appellants were represented by Senior Advocate Devadatt Kamat along with advocates Smita Amratlal Vora, Babu Karukappadath, Hussain CS, Muhammed Musthaq TM, Anu K Joy, Abraham Mathew, and Alim Anwar.
Significantly, the Kerala High Court ruled in October 2023 that a Muslim woman who obtains divorce through khula is not entitled to claim maintenance from her husband.