Husband's Consent Not Essential In Muslim Wife's Right To Seek Divorce: Kerala HC

Kerala High Court Justices A Muhamed Mustaque and C S Dias recently dismissed a review petition against a judgement where the court had observed and recognised the right of a Muslim woman to resort to Khula or seek termination of her marriage. The Justices further stated that in all cases, too, other than the one they were reviewing, Muslim women can always avail themselves of their right to seek divorce if they find themselves in such circumstances because Islamic Law also gives them these rights.

Observing the law that recognises a Muslim woman's right to seek a divorce, the Kerala High Court ruled that the choice of the woman cannot and should not be dictated by the will of the spouse, even if he does not agree to the termination of the marriage.

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Muslim Women Divorce Rights

As per reports, a review petition had recently appeared in a particular case wherein the Kerala court had granted a divorce decree to a Muslim woman. The appeal was filed challenging the decision which was in favour of the woman seeking termination of her marriage.

The court had granted her the right to avail a divorce under the Dissolution of Muslim Marriages Act 1939. Citing the instance of this case and the Muslim woman involved, the court stated that it is the absolute right of a Muslim woman to seek the termination of her marriage. Observing that the religious holy book, too, confers such rights to the women of the community, the court declared that a woman should never be subjected to the will of her spouse, whether or not he accepts her decision to seek a termination. 

"In absence of any kind of mechanism in his country to recognise the right of a woman to seek termination of marriage when her spouse refuses to give consent on same, the Court can hold that the Khula must be invoked in such instance without the consent of the husband," rued the Court.

The Justices further discussed how the review petition portrayed that Muslim women are subordinate to the consent of their spouses. Observing that the review challenging the court's decision of granting a woman her right to seek divorce was nothing but a way of showcasing masculinity, male entitlement and patriarchal conditioning, the Judges declared that the justice system in the country will not allow this dominance over women.