Muslim Women has equal Right to demand divorce and husband’s consent is not essential: Kerala Hi…

Muslim Women has equal Right to demand divorce and husband’s consent is not essential: Kerala High Court

The division bench of Justice A. Muhamed Mustaque and Justice C. S. Dias dismissed a review petition against a judgement in which the court recognised a Muslim woman’s right to use Khula, saying: “In the absence of any mechanism in the country to recognise marriage termination at the wife’s request when the husband refuses to give consent, the court can simply hold that khula can be invoked without the husband’s participation.” 

The court ruled that a Muslim wife’s right to divorce at the request of her husband is an absolute right granted to her by the Holy Quran and is not subject to her husband’s acceptance or will. 

The Kerala High Court ruled that Islamic law recognises a Muslim woman’s right to demand divorce irrespective of consent of husband.

The court said that this is a typical review in which Muslim women are portrayed as subservient to the will of their male counterparts.

The court stated that a Khula is valid if following conditions are met. i. The wife’s declaration of repudiation or termination of the marriage.

ii. An offer to return her dower or any other material gain received during her marriage. 

iii.Before the declaration of khula, an effective attempt at reconciliation was made.