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Apex court to examine Muslim women’s right to unilateral divorce

The SC will hear the matter next on April 22.

Apex court to examine Muslim women’s right to unilateral divorceThe SC will hear the matter next on April 22.

The Supreme Court has decided to examine whether a Muslim woman can divorce her husband without his consent by pronouncing ‘khula’ unilaterally.

The SC will hear the matter next on April 22.

A bench of Justices Sanjay Kumar and K Vinod Chandran on February 2, granted leave to an appeal challenging the Kerala High Court’s October 28, 2022, judgement which had upheld the right.

The court also appointed Advocate Shoeb Alam to assist in the matter saying “it involves a question of Muslim personal law.”

The October 2022 judgement came on petitions seeking review of the April 9, 2021 decision of the HC which upheld the right of a Muslim woman to divorce by resorting to the practise of ‘khula’.

Upholding the decision of the family courts, a bench of Justices A Muhamed Mustaque and Justice CS Dias said the recognition of Khula as a form of divorce is “directly available” from the Quran and “the right to invoke khula conferred upon a married Muslim woman is an absolute right; akin to talaq conferred upon the married Muslim men.”

 

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