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"Section 2 of the Shariat Act specifically recognized all modes of extra-judicial divorce except Faskh. Faskh, as we noted earlier, is a mode of divorce with the intervention of an authority like Qazi. In Section 5 of the Shariat Act a provision was made to dissolve marriage by the District Judge on a petition made by Muslim married women. This would show that the intention of the Shariat Act is to entrust the mode of dissolution of marriage by Faskh through the court. Thus, under the Shariat Act, a Muslim women retained the right of all modes of extra judicial divorce recognized under their personal law Shariat, except Faskh."

20. On the other hand, the wife's argument in the Review Petition was that Khula is a form of divorce where the acceptance of the husband to the demand for Khula constituted an essential element. Although Khula contemplates an out-of-Court resolution, it takes the form of faskh (a judicial divorce) when a woman seeks the intervention of a Qazi (Judge) on the husband's refusal to give consent.

21. The Kerala High Court disagreed with the argument of the review applicant (husband) that a wife must approach the Court upon the husband's refusal to accept the demand for Khula. The Court held that Khula may be invoked even if the husband refuses to give consent. The review was accordingly dismissed.