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2022 Supreme(Ker) 1060

A. MUHAMED MUSTAQUE, C. S. DIAS
...... – Appellant
Versus
...... – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Babu Karukapadath, P.U.Vinod Kumar, Arya Raghunath, Vaisakhi V.
T.M.Muhammed Musthaq, Mohamed Hisham P, Karukapadath Wazim Babu, P.Lakshmi, Aiswarya Ann Jacob
For the Respondent: P.Narayanan

ORDER :

A.Muhamed Mustaque, J.

This is a typical review portraying that Muslim women are subordinate to the will of their male counterparts. This review does not look innocuous at the instance of the appellant, but rather appears to have been fashioned and supported by clergies and the hegemonic masculinity of the Muslim community who are unable to digest the declaration of the right of Muslim women to resort to the extra-judicial divorce of khula, unilaterally. The appeal from which this review arises was filed challenging a divorce decree granted to a Muslim wife under the Dissolution of Muslim Marriages Act, 1939. The appeal was filed by the husband. In the appeal, we noticed the existence of the right of Muslim women to resort to the extra judicial divorce of khula, allowing her to terminate her marriage. Thereafter, the appeal was disposed of, recording khula and also delineating the different methods of extra-judicial divorce applicable to Muslim spouses. We declared that the right to terminate the marriage at the instance of a Muslim wife is an absolute right, conferred on her by the holy Quran and is not subject to the acceptance or the will of her husband. In the review peti

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