By Admin 
The Supreme Court has appointed amicus curiae in a case related to women’s right to Khula in Islam. The Kerala High Court had ordered that a Muslim woman can divorce or dissolve the marriage without the consent of her husband. He has been given this right in Islam. Now this matter has reached the Supreme Court. Calling it an issue related to personal law, the court has appointed senior advocate Shoaib Alam as amicus curiae.
According to the report of Live Law, Justice Sanjay Kumar and Justice K. Vinod Chandran’s bench has listed the case for April 22. This case is related to the order of the Kerala High Court, which said that Islamic law gives a Muslim woman the right to end her marriage through Khula, her wish is not dependent on the wish of her husband.
A review petition was also filed in the Kerala High Court regarding this order, which was rejected by the bench of Justice S Mohammad Mustaq and Justice SC Diyas. This petition was filed against the decision of a Muslim woman to dissolve her marriage under the Dissolution of Muslim Marriage Act, 1939.
It was said in the review petition that if a Muslim woman wants to marry, she should ask her husband for divorce, if he refuses then she should go to the Qazi or the court. However, the court rejected this. The court also rejected the view that a Muslim woman does not have full right to choose Khula.
The court had said in the order that the right to end the marriage on behalf of the wife has been given to women in the Holy Quran, which does not depend on the husband’s consent or his will. The court also said that ending a marriage through Khula has the same recognition as a husband has for divorce.
The court had said that Khula is valid only when the wife wants to end the marriage and she does not take dowry and offers to return other things received during the marriage and efforts have been made to maintain the marriage.