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 the absolute right to unilateral and extra-judicial divorce through Khula under Islamic law, the Supreme Court has issued notice. 

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

What is Khula? 

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

What did High Court say in October 22 judgement?

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

What did the court say in the 2021 verdict?

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

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

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

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

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

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