It is open for a Muslim woman to exercise her inalienable right to dissolve marriage by 'Khula' (divorce proceeding initiated by wife) by approaching a family court and not private bodies such as a Shariat Council, the Madras High Court has ruled.
Private bodies cannot pronounce or certify dissolution of marriage by Khula.
"They are not courts or arbitrators of disputes. The courts have also frowned upon such practice...," the court held.
Such Khula certificates issued by private entities are hence invalid. "Khula is the form of divorce conferred upon wife similar to talaq conferred upon the husband." In his judgement on a writ petition by a man who prayed for quashing the Khula certificate issued to his wife, Justice C Saravanan quashed the impugned certificate issued in 2017 by Shariat Council, Tamil Nadu Towheed Jamath
The Madras High Court granted an interim stay in Bader Sayeed Vs Union of India, 2017 and restrained bodies such as the respondents in that matter (Kazis) from issuing certificates certifying dissolution of marriage by Khula, the judgment said.
Also Watch: Supreme Court on 'nikah halala', polygamy plea: new 5-judge bench to hear PIL on Muslim practices