X Vs. Y

JUDGEMENT

(1.) INTRODUCTION : Have Muslim women lost their right to invoke extra-judicial divorce, after the coming into force of the Dissolution of Muslim Marriages Act, 1939 is the short and straight forward question rising for consideration in these cases.

(2.) These bunch of cases arise out of different proceedings before the Family Courts seeking varied reliefs. The issue involved in as above is inextricably connected to ultimate justice which women involved in all these cases seek. These cases speak in abundance about the patriarchal mind-set followed in the Society for decades depriving Muslim women their right to invoke extra-judicial divorce. While there was a huge clamour to retain the practice of 'triple talaq', an un-Islamic practice; no such open and apparent demand seems to exist to restore the right of Muslim women to invoke extra-judicial divorce. The above sketch the miseries of women despite the promise guaranteed under Article 14 of the Constitution of India.

(3.) Islam lays great emphasis on the stability of family. According to the Holy Quran(1 ) "God did create you from dust" then from sperm drop, then he made you in pairs Surah (Chapter) XXXV Verse 11]. God's declaration that men and women are created in pairs is repeatedly stated in several verses to acknowledge the spirit of marriage. They are made as a mate to find comfort and purify their inner soul. It is also stated that male and female together make a single self, which symbolises raiment. Chapter II Verse 187 Quran states: 'you are raiment for her and she is raiment for you', which highlights the closeness of a mate, like cloth; for protection and comfort etc. The spirit of marriage lies in the closeness and bonding between the partners.