KOCHI: Overruling a 1972 judgment, the Kerala excessive courtroom has restored the rights of Muslim girls for divorce with out resorting to judicial proceedings.
A division bench of the excessive courtroom pronounced the judgment in a bunch of circumstances that arose out of totally different proceedings earlier than the household courts searching for diversified reduction. Noting that the Holy Quran recognises the suitable to divorce equally for each women and men, the courtroom noticed that the dilemma of Muslim girls, significantly within the state of Kerala, got here to the fore when a single-decide bench within the “K C Moyin versus Nafeesa and Others” case negated the suitable of Muslim girls to invoke extrajudicial divorce within the gentle of the Dissolution of Muslim Marriages Act, 1939. PTI
Act restricts Muslim girls on divorce: HC
The courtroom had then held that certainly not can a Muslim marriage be dissolved on the occasion of the spouse, besides in accordance with the provisions of the Act. In its judgment, the division bench of Justices A Muhamed Mustaque and C S Dias analysed 4 main kinds of dissolution of marriages as recognised below Islamic regulation and guarded below the Shariat Act on the occasion of the spouse — talaq-e-tafwiz, khula, mubara’at and faskh.
“On an overall analysis of the scheme of the Shariat Act as well as the Dissolution of Muslim Marriages Act, we are of the considered view that the Dissolution of Muslim Marriages Act restricts Muslim women to annul their marriage invoking faskh except through the intervention of the court,” the HC stated.
“All other forms of extra-judicial divorce as referred in Section 2 of the Shariat Act are thus available to Muslim women. We hold that the law declared in K C Moyin’s case (supra) is not good law,” the courtroom stated in its judgment on April 9. The bench stated there isn’t any problem for the household courtroom to endorse an additional-judicial divorce to declare the matrimonial standing of an individual.