KOCHI: A Muslim woman has approached the Kerala high court seeking exemption from the mandatory 90-day waiting period, termed ‘Iddah’, for remarrying after divorcing her husband through "Khula".
The 25-year-old woman from Thalassery has contended that she had been living separately for over two years and has not had sex with her husband during this period. "Iddah", which is intended to know if she is pregnant, is therefore unnecessary, she argues. She is willing to prove medically that she is not pregnant, the plea said.
After considering the plea during admission hearing, a division bench comprising justices A Muhamed Mustaque and Sophy Thomas has issued a stay on a family court’s order of November 19th barring her from remarrying following "Khula", which is an out-of-court divorce process initiated by a woman. It was in April this year that the high court held that "Khula" is legally valid.
As per the petition filed through advocate TP Sajid, the woman got married in July 2017 and had been living separately since June 2019. She and her one-year-old son were allegedly chased out of the matrimonial home by her husband after she questioned vulgar messages from a woman on her husband’s phone, the petition said.
A petition seeking 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 on the basis of "Khula".
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