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X vs Y on 16 July, 2010

These matters are between the same parties. We shall refer the parties by name. Aayisha married Ahad Haneefa as per the muslim ceremonies and rites on 13.9.2018. She approached the Family Court, Chavara, in O.P.(MMA) No.950/2019 for a decree of divorce invoking under Section 2(viii), (a) (d) of the Dissolution of Muslim Marriage Act. On account of delay involved in consideration of the above matter, she approached this Court in O.P.(FC) No.90/2022. This Court,, taking note of the recognition of the extra-judicial divorce permissible to muslim woman invoking Khula as reported in X v. Y [2021 (2) KLT 967], allowed her to invoke extra-judicial divorce and move the Family Court to record the same. Accordingly, she resorted to Khula and terminated the marriage. She approached the Family Court to record the same in O.P.(MMA) 950/2019. The Family Court after noting that all conditions of the Khula have been fulfilled, recorded the same in Mat.Appeal No.323/2022 & conn.cases 5 O..P(MMA)No.950/2019 as per the judgment dated 11.4.2022 and disposed the above case. Challenging the recording of Khula, Ahad Haneefa approached this Court in Mat.Appeal No.323/2022. In the meanwhile, he also approached the Family Court, Chavara, in O.P(Others).No.113/2022 challenging the extra- judicial divorce invoked by Aayisha. In that, he filed interlocutory applications restraining Aayisha from contracting second marriage on the strength of Khula invoked by her. The Family Court as per the order in the interlocutory application granted interim injunction. Aggrieved by the interim injunction, Ayisha approached this Court in O.P.(FC) No.276/2022. This Court on 20.05.2022, passed the following order:
Kerala High Court Cites 3 - Cited by 2 - Full Document
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