Why in news?
A recent judgement of a division Bench of the Kerala High Court recently clarified the Muslim women’s right to initiate divorce.
What are the currently available options for Muslim women to divorce?
- One of the methods is divorce by mutual consent, through the process called Mubaarat.
- Another right of a Muslim woman to divorce is by way of Khula, wherein she decides to terminate the marriage.
- This process may be called wife-initiated Talaq.
- Till now, Ulemas, particularly of the Hanafi School, have interpreted that Khula can be exercised only when the husband accedes to the wife’s request.
- So, without the intervention of courts, a Muslim woman can unilaterally divorce her husband, only if, by contract, he has delegated the right to divorce to his wife.
- If he refuses, the woman has no option but to approach courts of law under the provisions set out in the Dissolution of Muslim Marriage Act of 1939.
What is the present case for?





