Read Time: 03 minutes

A Muslim woman has approached the Kerala High Court urging exemption from the mandatory 90-day waiting period known as “Idaah”, for remarrying after divorcing her husband through "Khula".

A division bench of Justice A Muhamed Mustaque and Justice Sophy Thomas has issued a stay on a family court’s order dated November 19th which barred her from remarrying following "Khula" (an out-of-court divorce process initiated by a woman).

It is also known that in April 2021 the present high court had held that "Khula" is legally valid.

The woman who is 25 years and hailed from Thallasery has averred that, she had been living separately for over two years and has not had sexual intercourse with her husband during this period.  

She further stated in her plea that, “Iddah", which is intended to know if she is pregnant, is therefore unnecessary as she never consummated and that she is willing to prove medically that she is not pregnant.

According to the plea 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.”

with inputs from The Times of India