The court established that the right to invoke khula by Muslim women is absolute and remains intact despite provisions in the Dissolution of Muslim Marriages Act.

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. According to the Holy Quran(1) “God did create you from dust” then from sperm drop, then he made you in pairs [Surah (Chapter) XXXV Verse 11]. God's declaration that men and women are created in pairs is repeatedly stated in several verses to acknowledge the spirit of marriage. They are made as a mate to find comfort and purify their inner soul. It is also stated that male and female together make a single self, which In the judgment, translation of Quaranic verses are from The Meaning of The Glorious Qur'an – An explanatory translation by Marmaduke Pickthall Mat. Appeal Nos. 89/2020, 72/2021 & O.P.(FC).Nos.372/2020, 124/2021 & 133/2021 symbolises raiment. Chapter II Verse 187 Quran states:

‘you are raiment for her and she is raiment for you’, which highlights the closeness of a mate, like cloth;

for protection and comfort etc. The spirit of marriage lies in the closeness and bonding between the partners.

4. Chapter IV Verse 28 Quran states that man was created weak, to mean that his decisions are vulnerable. The very concept of institutionalizing marriage in Islam through a contract is to remind that the parties to the marriage may error in their decision and they may fall apart in conflict to remain as united. Marriage as a contract guarantees both parties permanent rights and obligations. The Holy Quran, therefore, recognizes the right to divorce equally for both men and women. However, the dilemma of Muslim women, particularly in the State of Kerala, came into the fore when a learned Single Judge of this Court in K.C.Moyin v. Nafeesa & Others [1972 KLT 785] negated the right of Muslim women to invoke extra-judicial divorce in light of the Dissolution of Muslim Marriages Mat. Appeal Nos. 89/2020, 72/2021 & O.P.(FC).Nos.372/2020, 124/2021 & 133/2021 Act, 1939, (in short ‘Act”). It is held that under no circumstances, a muslim marriage cannot be dissolved at the instance of wife, except in accordance with the provisions of the Act.

5. Muslim Personal Law is broadly understood as Shariah. The word Shariah literally means “a way to the watering place, or a path apparently to seek felicity and salvation2. In Chapter XLV Verse 18 Quran says: “Thus we put you on the right way of religion.

So follow it and follow not the whimsical desire of those who have no knowledge”. Shariah primarily and predominantly relates to ethical values essential for both worlds. Quran by itself did not promote straight forward code of law. Many legal rules become part of Shariah from the life and sayings of the last Prophet Muhammad (This is called Hadith). After the demise of the Prophet, Islamic scholars and jurists developed Rules through legal reasoning (Ijtihad) and using legal verdict (Fatwa). This is how principles of Islamic