ASPECTS | DETAILS |
Case Title | Kerala Muslim Jamaat vs. Y |
Introduction | Supreme Court notice on plea challenging Kerala HC’s khula ruling |
Factual Background | HC recognized Muslim women’s absolute right to khula Overruled previous judgment barring extrajudicial divorce. Overruled previous judgment barring extrajudicial divorce laid down conditions for valid khula under Muslim personal law. |
Legal Issues | Whether Muslim women have absolute right to khula |
Applicable Law | Dissolution of Muslim Marriages Act, Quranic principles |
Analysis | HC’s ruling signifies departure from previous restrictive interpretation Petitioner argues for court intervention to validate khula. |
Conclusion | SC’s decision to impact rights of Muslim women in seeking divorce |
Current Scenario | SC issued notice, set to examine matter further |
CASE SUMMARY– The Supreme Court issued notice on a plea challenging the Kerala High Court’s judgment recognizing a Muslim woman’s absolute right to divorce by khula. The High Court held that the right to terminate marriage is a Muslim wife’s absolute right, conferred by the Holy Quran. It overruled the 49-year-old judgment in KC Moyin v. Nafeesa, allowing Muslim women to resort to extrajudicial modes of divorce. The Court enunciated conditions for valid khula, including a declaration of termination by the wife, an offer to return dower, and an attempt at reconciliation. A review petition against this ruling was dismissed in 2022, leading to the current challenge in the Supreme Court.
SOURCE- REPUBLIC.
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