KHULA

KHULA

Context: The Supreme Court has agreed to review a petition challenging a Kerala High Court ruling that granted Muslim women the unrestricted right to seek divorce through Khula.

Background:
• Khula is a type of divorce allowed under Muslim Personal Law.
• The Kerala High Court reviewed a case involving a divorce decree obtained by a Muslim wife under the Dissolution of Muslim Marriages Act.
• The High Court ruled that according to the Holy Quran, Muslim wives have the absolute right to terminate their marriages, independent of the husbands acceptance or will.

Key Findings of High Judgement:
• All forms of extra-judicial divorce mentioned in Section 2 of the Shariat Act, except Faskh, were accessible to Muslim women.
• The High Court emphasized that the right to invoke Khula is derived from the Quran and would be nullified if subject to the husbands consent.
• A review petition challenging the judgment was dismissed by the High Court, which reaffirmed the autonomy of a wifes decision to seek Khula.