A Division Bench of the Kerala High Court has held that the Dissolution of Muslim Marriages Act did not do away with the practice of extrajudicial divorces available to Muslim women under Section 2 of the Shariat Act.
A division bench of the high court promulgated the judgment in a bunch of cases that arose out of different proceedings before the family courts seeking varied relief.
The bench overruled a 1972 ruling of the single bench of the court barring Muslim women from resorting to extra-judicial modes of dissolving marriage. Noting that the Holy Quran recognizes the right to divorce equally for both men and women, the bench observed that the dilemma of Muslim women, particularly in the state of Kerala, came to the fore when the single bench in the 'KC Moyin versus Nafeesa and Others' case negated the right of Muslim women to invoke extra-judicial divorce in the light of the Dissolution of Muslim Marriages Act, 1939.
The single bench then had held under no circumstances, a Muslim marriage can be dissolved at the instance of the wife, except in accordance with the provisions of the Act. In its judgment, the division bench of Justices A Muhamed Mustaque and CS Dias analysed four major forms of dissolution of marriages as recognised under Islamic Law and protected under the Shariat Act at the instance of the wife.
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