In a unique appeal, the Kerala High Court on Friday was approached by a 25-year-old Muslim woman seeking exemption from the obligatory three-month waiting period, which is called 'Iddah' for remarrying after divorce from her husband through 'Khula' (a process of separation of married couples in Muslims in which the woman seeks divorce).
The woman who belongs from Thalassery Municipality of Kerala claims that she had been living separately for the last two years from her husband and so "Iddah", which is intended to know if she is pregnant, is therefore unnecessary and said that she could prove it by giving a medical test and report that she is not pregnant as she has not been involved in an intimate relationship with her husband or anyone else.
A division bench comprising justices A Muhamed Mustaque and Sophy Thomas after reconsidering the plea has issued a stay on a family court’s order of Nov 19th barring her from remarrying following "Khula", which is an out-of-court divorce process initiated by a woman.
The woman, who has a two-year-old son, both were kicked out by her husband after she caught him of adultery and questioned him over the same. As per the petition filed through advocate TP Sajid, the woman got married in July 2017 and had been living separately since June 2019.
A petition seeking a divorce, return of gold ornaments, and payment of maintenance is pending before Thalassery family court since February last year.
Meanwhile, the High Court’s judgment that a woman can initiate divorce through ‘Khula’ was delivered and the woman sent a notice to her husband on October 21st informing divorce through "Khula".
However, the family court at Ernakulam, considering a petition filed by the husband seeking restitution of conjugal rights, issued an order restraining her from entering into a second marriage based on "Khula".
(with inputs from sources)
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