The Supreme Court has taken cognizance of a petition challenging a Kerala High Court judgment affirming Muslim women’s unrestricted right to seek khula (a form of divorce under Muslim personal law). Issuing notices, the Bench comprising Justices AS Bopanna and Sanjay Kumar reserved judgment on the matter.
The challenge, brought forth by Kerala Muslim Jamaat and a private individual through two Special Leave Petitions (SLPs), questions the High Court’s ruling in a Matrimonial Appeal and the subsequent dismissal of the Review Petition against it.
In the original matrimonial appeal, the High Court overturned a decades-old judgment, asserting that Muslim wives possess an absolute right to terminate their marriages as per the Holy Quran, independent of their husbands’ consent. The Court recognized khula as a valid form of divorce for Muslim women, outlining specific conditions for its execution.
Despite the dismissal of the review petition, which argued against the absolute right of Muslim women to pronounce khula, the High Court reaffirmed its stance, emphasizing that the Quran grants spouses the autonomy to dissolve their marriages. The Court maintained that khula is a permissible action available to Muslim wives seeking to end their marriages, irrespective of their husbands’ consent.
Challenging these judgments, the petitioner contends that while Muslim women have the right to seek khula, its execution should be subject to judicial intervention. The petitioner asserts that existing laws are incongruent with previous Supreme Court and Madras High Court rulings, urging the Court to reevaluate the matter.
Upon hearing arguments from Senior Advocate Devadatt Kamat, representing the petitioner, and examining the case records, the Bench issued notices for further consideration.
Reference: Supreme Court Proceedings, Case Title: X v. Y, Diary No.- 11727 – 2023, Kerala Muslim Jamaat v. Y Diary No. 16709 – 2023
