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HIGH COURT OF KERALA
AMIT RAWAL, C.S. Sudha, JJ
P.S.YAHOOTTY – Appellant
Versus
RAJEEB KHAN – Respondent
Faskh is a recognized method of divorce under Islamic Law, which allows for the dissolution of marriage through a judicial declaration. Its validity as a system for divorce is generally accepted within the framework of Islamic personal law and is often recognized by courts when properly invoked according to religious and legal procedures.
In the context of the provided document, the court acknowledged the Faskh as a valid ground for divorce under Islamic Law, as evidenced by the wife's declaration of Faskh and the subsequent legal proceedings. However, the court also emphasized that such a dissolution must be supported by proper legal and evidentiary procedures, and that any claims or consequences arising from it, such as damages, require clear substantiation.
Therefore, within the scope of Islamic Law and applicable legal systems, Faskh is a valid and recognized method for divorce, provided it is obtained and executed in accordance with the prescribed religious and legal procedures.
J U D G M E N T
Amit Rawal, J.
The present appeal is directed against the judgment and decree dated
16/02/2023 in O.P.No.1189/2017 preferred by the 1st respondent/husband.
2. 1st respondent/husband, son-in-law of the appellant, instituted the aforementioned petition for claiming the damages to the tune of ₹20 lakhs. Before adverting to the claim in the aforementioned O.P., facts preceding to the institution are required to be brought out. Marriage between the 1st respondent and 2nd respondent was performed on 17/05/2010 as per the Muslim customary rites. Due to the misunderstanding between the parties, after five years of the marriage, parties started living separately. Wife instituted O.P.No.548/2015 for return of gold ornaments and share amount and O.P.(Div)No.550/2015 for dissolution of marriage, much less M.C.No.136/2015 for maintenance. In the petition for dissolution of marriage, the ground raised was cruelty and impotency. However, the wife on 04/05/2017 dissolved the marriage as per Islamic Law by declaring Faskh. Husband filed O.P.No.540/2017 for setting aside the Faskh but during the interregnum withdrew the same and thereafter instituted O.P.No.1189/2017 claiming damages to
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