KHULA
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Context
- The Supreme Court has agreed to examine a plea challenging the Kerala High Court judgment granting Muslim women the absolute right to seek divorce through 'Khula'.
|
Aspect |
Khula |
Talaq |
|
Definition |
A Muslim woman's unilateral right to seek divorce from her husband through formal court proceedings, often citing reasons like neglect or incompatibility. |
A Muslim man's unilateral right to divorce his wife by pronouncing the word "Talaq," terminating the marriage with immediate effect, with or without any cause, and without a specific procedure. |
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Initiation |
Initiated by the married Muslim woman, who formally requests the court for Khula, citing valid reasons. |
Initiated by the Muslim man by simply pronouncing "Talaq," without any formal process or requirement to provide a reason. |
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Reason Requirement |
Requires the Muslim woman to provide a valid reason such as neglect or incompatibility with her husband for seeking divorce. |
No specific reason or cause required; the Muslim man can divorce his wife with or without any cause by simply pronouncing "Talaq." |
|
Financial Settlement |
There may be provisions for the woman to return the 'Mehr' or reach a financial settlement with the husband to end the marriage. |
The man is required to repay the former wife her dowry and any property owned by her after pronouncing "Talaq." |
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Aftermath |
After Khula, the husband is obligated to financially support the child's education and other needs. |
After Talaq, the man is required to repay the dowry and property owned by the former wife, if any. |
|
Legal Status |
Governed by Muslim Personal Law, Khula is a recognized form of divorce, subject to court proceedings. |
In the past, Triple Talaq was practiced, but on August 22, 2017, the Supreme Court of India declared it unconstitutional, stating it violated Muslim women's fundamental rights and gave men unequal rights to divorce their wives. |
Background:
- As mentioned above, 'Khula' is a form of divorce under the Muslim Personal Law.
- The Kerala High Court dealt with a challenge to a divorce decree granted to a Muslim wife under the Dissolution of Muslim Marriages Act.
- The High Court ruled that the right to terminate the marriage is a Muslim wife's absolute right, granted by the Holy Quran and not subject to the husband's acceptance or will.
Key Points from High Court Judgment:
- All forms of extra-judicial divorce referred to in Section 2 of the Shariat Act, except Faskh, were available to Muslim women.
- The High Court emphasized that the right to invoke 'Khula' is granted by the Quran and would be rendered ineffective if subjected to the husband's will.
- A review petition against the judgment was dismissed by the High Court, which reiterated the independence of a wife's decision in seeking 'Khula'.
Current Status:
- The Kerala Muslim Jamaat and a private individual have challenged the High Court judgment in a Matrimonial Appeal before the Supreme Court.
- Justices AS Bopanna and Sanjay Kumar issued a notice while hearing the plea, indicating the commencement of the examination process.
- The Supreme Court's decision will have implications on the interpretation and application of Muslim Personal Law regarding divorce rights for women.
Implications and Future Course:
- The Supreme Court's ruling will potentially influence the legal landscape concerning Muslim women's rights in divorce matters.
- The case highlights the intersection of religious law and constitutional principles, raising significant questions about gender equality and individual autonomy within religious practices.
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PRACTICE QUESTION Q. To what extent should personal laws be subject to judicial scrutiny and reform to ensure gender equality and protection of individual rights in a diverse and secular society like India? Comment. |
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