KOCHI: Kerala high court has issued a crucial verdict, in which it said that Muslim women have the right to get a divorce outside the court. The latest verdict has been issued by a division bench including Justice A Muhammed Mushtaq and Justice C S Dais, replacing a 49-year-old verdict issued previously.

The court observed that the patriarchal society had limited the rights of Muslim women within the four walls of court proceedings. “Men used illegal practices like triple talaq for decades to get divorce but such practices were not allowed for women. In the present situation, Muslim women will never get a divorce without courts. Whereas there are multiple means through which women can get divorce outside courts,” the court said.

“Muslim women have the right to use Talaq-e-Tafweez to end the relationship with their husband. The Khula law which allows unilateral divorce, the Mubarat practice—divorce based on mutual understanding, Phasak, which involves a third party acting as a mediator between the couples. As per the Shariat law, except Phasak, Muslim women can use all other practices to get a divorce. In this context, the verdict issued in 1972, which recognises only court-monitored divorce will not stand,” the court said issuing the verdict

In 1972, a single bench of the high court has issued a verdict which said the divorce of Muslim women can only be given in accordance with the procedures specified in the law made for that purpose. Following this, women were compelled to depend upon courts for divorce. But the present court verdict has been issued on the pleas which said that the existing system of divorce is inconveniencing Muslim women to get a divorce.