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‘Muslim women should be granted divorce if their husbands remarry without giving them equal treatment’: High Court

According to the Kerala High Court, Muslim women should be granted divorce if their husband has remarried and is not giving equal consideration and providing similar living conditions. The Quran explicitly advocates equal treatment of women, the court wrote. As a result, if these rights are violated, women can be granted a divorce. The court made these observations while hearing the request for a divorce from a Thalassery native who has remarried and lives apart from her husband. The Thalassery family court rejected her plea, prompting her to file a case with the High Court.

Based on the Muslim Divorce Act Section 2 (8) (F), the woman should be able to divorce if the first spouse is ignored after the husband remarries, according to the division bench composed of Justice A Muhammad Mushtaq and Justice Sofie Thomas. The petitioner’s husband not providing protection for over two years is sufficient grounds for granting a divorce. A divorce petition was filed in 2019. The petitioner has lived separately from her husband since 2014. During that time, she claims that her husband provided financial support.

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Even so, the court remarked that the fact they lived separate lives for years is evidence that the first wife does not receive the same consideration as her husband. In addition, the husband does not claim to have lived with the wife after 2014. It is against the Quran for the husband to not live with his wife and to fail to fulfill his responsibilities as a husband. A decree of divorce was granted to the first wife.


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