Her Right to Divorce: No Court, Nor he!

Abstract

Several personal laws based on different religions have been promulgated as a result of India’s secular mindset. Hindus, Christians, and Muslims in India have various marriage laws and their own personal law, which is primarily based on their religious beliefs, which govern divorce reasons; also marriage and inheritance. With the passage of time and increasing public awareness, the government has enacted a number of laws aimed at making India’s current divorce procedure more progressive in terms of gender concerns and other sensitive topics. A new legal issue that came up for decision at the High Court of Kerala was regarding the right of a Muslim wife who declared unilateral divorce by Khula against her husband without a judicial order when she determined to go away from the marriage on grounds she believes are proper.