Keeping Pace with Legal Change
Kerala high court in a landmark ruling gave a divorce to a woman on the basis that the severely suspicious and controlling nature of her husband constituted a severe mental cruelty
Recently and in an area of brouhaha, the Supreme Court of India has proffered a legal end to a controversial…
The legal aspects of marriage in India have marked a radical and a historic transformation. Although this once might be…
Ruling in another landmark matrimonial case on July 22, 2025, the Supreme Court of India, comprising CJI B.R. Gavai, and…
In a landmark case of the Supreme Court of India dated 15 July 2025, a decree of divorce has been…
The paper under consideration considers the legal nuances regarding the possibility of Khula divorce as the right of a Muslim woman living in India with reference to a recent case in a High Court. It examines the character of Khula, the significance of religious and judicial institutions as well as the judicial practices of validating such divorces especially on the absolute right of the wife to seek u Khula and the limited importance of the consent of the husband or the fatwa of the Mufti. This discussion has shown that there has been a move towards judicial ratification of the breaking up of marriage.
The Supreme court in a landmark decision dissolved the marriage of a couple who had been separated for more than ten years saying irretrievable breakdown was a valid ground to grant divorce under Article 142 of the Constitution. The case shows that the Court, as an arm of the constitution, has the right to give full justice when there is no statute on the matter.
