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Kerala HC: Muslim Women should be allowed Divorce if Husband remarries

2 min read

Nishka Srinivas Veluvali

Published On: December 19, 2021 at 11:30 IST

The Kerala High Court stated that Muslim Women should be permitted to Divorce when Husband is remarried and is not giving equal importance and treatment.

The Kerala High Court noted that Quran insists on equal treatment of wives and if this is violated then women should be permitted to Divorce. (Kerala High Court: Muslim Divorces only needs short Hearing)

This observation came into lime light while hearing the Plea from a Thalassery Native seeking Divorce from her Husband who has remarried and lives separately from her.

This Plea filed in the Thalassery Family Court was rejected which forced her to approach the High Court.

The Plea in the Kerala High Court was heard by a Division Bench of Justice A Muhammad Mushtaq and Justice Sofie Thomas who observed that, “As per Muslim Divorce Act Section 2 (8) (F), the woman should be allowed divorce when the first wife is being ignored after the husband remarries.”

The fact that the Husband is living separately from the Petitioner for over 2 years and not providing any maintenance and protection to her is itself the grounds to Divorce him. (Landmark Judgements on Maintenance of Wife)

The Petitioner had been wanting divorce since 2019 as she has been living separately since 2014.

However, the Husband claims that he is been providing support and protection to her during that period.

The Court, although noted that they were living separately for years which showcases that the first wife is not given the same importance. The Husband too did not claim that he has been living with the Petitioner after 2014. 

Thus, the Kerala High Court granted the Petitioner Divorce on the basis of the fact that “Not living with wife and incompetent to fulfil his marital duties is the violation of what Quran teaches.

Also Read: What are the Theories of Divorce?