Kerala High Court restores Muslim women’s right to invoke extra-judicial divorce; clarifies divorce by “Khula” does not require husband’s consent

The Kerala High Court has overruled a 1972 judgment to restore the right of Muslim women to invoke extra-judicial divorce as set out in Muslim personal law. The Court also clarified that the Muslim woman has a right to obtain a divorce by “Khula” regardless of her husband’s consent for the same. Provides, that it was preceded by effective reconciliatory efforts.

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