Law: Code of Criminal Procedure, 1898

Section: 22-A

Summary: The Supreme Court dismissed the petitioner’s challenge to a 2014 khula decree and related orders, finding the husband’s repeated litigation vexatious and aimed at tarnishing the divorced wife’s reputation. The Court held that khula—granted after failed reconciliation and observance of iddat—validly dissolved the marriage; the wife lawfully remarried. The petitioner’s criminal and civil actions were abusive uses of process, causing social and reputational harm; the petition was dismissed with Rs. 500,000 costs payable to the respondent. Core points  Family Court granted khula to the respondent on 13.09.2014 after reconciliation efforts failed. Record showed allegations of domestic violence and the petitioner’s non-compliance with custody directions. Respondent observed iddat and remarried; petitioner filed criminal and civil actions claiming the first marriage subsisted. Lower criminal and family courts dismissed petitioner’s complaints; High Court upheld those dismissals on 08.02.2018. Supreme Court found petitioner’s repeated litigation frivolous, vexatious, and abusive of process aimed at reputational harm. Court restated legal principles: khula is a valid means for a wife to dissolve marriage once reconciliation is impossible and iddat observed. Court emphasized gendered harms from misuse of legal process and the judiciary’s duty to protect dignity. Petition dismissed; petitioner ordered to pay Rs. 500,000 to respondent within 30 days (recoverable by execution). Law and relevant provisions  Issue Law / Section Point Dissolution of marriage by khula Muslim family law / khula jurisprudence Khula is a valid mode of dissolving marriage when the wife no longer wishes to continue the relationship and reconciliation fails. Reconciliation before khula Family Court procedure under Muslim family law principles Reconciliation is required as a pre-trial step, but it is not an endless right of the husband; once it fails, khula can be granted. Second marriage after khula Islamic law on iddat and remarriage After khula and completion of iddat, the woman is legally entitled to remarry. False…