Keeping Pace with Legal Change
The modern thwack of the Supreme Court judgment in the matter of Neethu B. @ Neethu Baby Mathew v. Rajesh…
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.
Recently, the Madhya Pradesh High Court discussed whether or not evidence that was collected unlawfully might be admitted into court in cases involving marital conflicts. It found that WhatsApp communications, even if they were purportedly obtained without authorization, are admissible in Family Courts if they are significant. This decision upheld Section 14 of the Family Courts Act, which relaxes rigorous evidentiary requirements for the sake of effective conflict settlement.
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.
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