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2021 Supreme(Online)(KER) 23732

HIGH COURT OF KERALA
A. Muhamed Mustaque, C.S. DIAS, JJ
RASEENA PAREEKUNJU – Appellant
Versus
MUHAMMED ASIF – Respondent


Advocates:
ADV. SMT.ATHIRA A.MENON; R1 BY ADV. SMT.RESMI NANDAN

JUDGEMENT

A.Muhamed Mustaque , J. INTRODUCTION: Have Muslim women lost their right to invoke extra-judicial divorce, after the coming into force of the Dissolution of Muslim Marriages Act , 1939 is the short and straight forward question rising for consideration in these cases.

2. These bunch of cases arise out of different proceedings before the Family Courts seeking varied reliefs. 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 mind-set followed in Mat. Appeal Nos. 89/2020, 72/2021 & O.P.(FC).Nos.372/2020, 124/2021 & 133/2021 the Society for decades depriving Muslim women 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.

3.Islam lays great emphasis on the stability of family. A

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