Abdurahiman V. Khairunnessa, I(2010)DMC 707, A Case Commentary




Shreya Singh, OP Jindal Global Law School


Introduction


For the purposes of the case commentary, the writer would focus on one of the most remarkable cases in the realm of divorce in the cases of Muslim marriages, namely Abdurahiman v Khairunessa.1 This case highlights the importance of the rights of women in the marital alliance from the eyes of the law. Under Muslim law, when considering divorce, the couple has two options. The couple can either take the discourse of extra-judicial methods of divorce or the judicial procedure of obtaining a divorce through filing for divorce in Court under the Dissolution of Muslim Marriages Act, 1939.2 These extra-judicial methods provided by the Quran largely favour the husband and elevate his position in the marriage.

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