Divorce By Khula: SC to Hear Plea Against HC's Verdict on Muslim Women's 'Absolute Right to Divorce'

New Delhi: In a plea filed against two Kerala High Court verdicts that held Muslim women have absolute right to unilateral and extra-judicial divorce through Khula under Islamic law, Supreme Court has issued notice. 

Bench was comprising of Justices AS Bopanna and Sanjay Kumar was hearing challenge brought by Kerala Muslim Jamaat and a private individual against judgement delivered by High Court in a Matrimonial Appeal as well as to dismissal of Review plea against judgment in Matrimonial Appeal. 

What is Khula? 

Under Islamic law, Khula s a divorce at instance and consent of wife, in which she gives or agrees to consider husband for setting free from marriage. 
 

What did High Court say in October 22 judgement?

- Kerala High Court in October 22 upheld its April 2021 judgment in which court held that re is absolutely no need for a Muslim woman to go to court if her  husband dismisses Khula. Her right to same is acknowledged by Islamic law. 
- HC stated that it is not guardian of any competent ult woman in country and that it cannot assume such a role to simple pronounce termination of marriage at assistance of woman. 
- It has emphasized that Khula's nature is in form of 'permissible' action to Muslim wife who seeks to exercise option of terminating her marriage. court held that it cannot be conditional on will of anor. 

What did court say in 2021 verdict?

- April 2021 ruling reversed a 1972 judgment, to efficaciously restore right of Muslim women to implore extra-judicial divorce as given in Muslim personal law. 

- 2021 verdict cleared that Muslim woman has right to secure a divorcee by Khula, irrespective of her husband's consent for same, given that it satisfied following conditions: 

- A declaration of termination or discontinuance of marriage by wife. 

- An offer to give back dower or any or gain received by her during martial relationship. 

-A potent attempt of reconciliation preceded before declaration of Khula. 

It is pertinent to note that Kerala High Court h in October 2023 held that a Muslim woman who got divorce through Khula cannot claim maintenance from her husband.