Lawstreet Journal

Kerala HC Overrules Half-Century Old Precedent, says Muslim Women Have Right to Invoke Extra-Judicial Divorce

Lawstreet Journal 15 Apr 2021 7:55pm

Image courtesy: Lawstreet Journal Judiciary Kerala HC Overrules Half-Century Old Precedent, says Muslim Women Have Right to Invoke Extra-Judicial Divorce

The Kerala High Court overruled a 49-year judgement that did not allow Muslim women to resort to extra-judicial ways of dissolving their marriage and thereby upheld the validity of these modes. 

The Dissolution of Muslim Marriages Act, 1939 governed the said scenario. 

The judgement was given by Bench of Justice A Muhammad Mustaque and CS Dias held: 

"All other forms of extra-judicial divorce as referred in Section 2 of the Shariat Act are thus available to a Muslim woman. We, therefore, hold that the law declared in K.C.Moyin's case (supra) is not good law."

This judgement has proved to be a relief to a number of petitions that had been filed before the court, in which these extra-judicial measures were resorted to. 

"The issue involved in as above is inextricably connected to ultimate justice which women involved in all these cases seek. These cases speak in abundance about the patriarchal mindset followed in the Society for decades depriving Muslim women of their right to invoke extra-judicial divorce. While there was a huge clamour to retain the practice of 'triple talaq', an un-Islamic practice; no such open and apparent demand seems to exist to restore the right of Muslim women to invoke extra-judicial divorce. The above sketch the miseries of women despite the promise guaranteed under Article 14 of the Constitution of India.”

A significant question has been posed by the Court in the judgement which is whether it is the intention of the Legislature to do away with extra-judicial divorce otherwise followed by the followers of… Continue Reading...

Tagged: kerala high court  
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