Delhi HC dismisses plea seeking declaration that Talaq-ul-Sunnat is unconstitutional, illegal
Sep 27, 2021
New Delhi [India], September 27 : The Delhi High Court on Monday dismissed a plea seeking a declaration that the assumed absolute discretion of the Muslim husband to give divorce (talaq-ul-Sunnat) to his wife at any time without any reason, without advance notice and without the presence of his wife is arbitrary, anti-Shariat, unconstitutional, discriminatory, barbaric and illegal.
A Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh dismissed the plea filed by a Muslim woman.
"We do not find any merit in this petition since the Parliament has already intervened and enacted the aforesaid enactment/ Act. The petition is, accordingly, dismissed," the Court said.
The Court said that the apprehension of the petitioner is the respondent-husband would divorce her by resort to Talaq-ul-Sunnat, in its view, is complete misconceived in the light of the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019
The Court noted that Section 3 of Muslim Women (Protection of Rights on Marriage) Act, 2019, read that any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal."
The Court was hearing the petition filed by a woman through her Advocate Bajrang Vats.
A 28 years old Muslim woman, who is the mother of a nine months child has been deserted by her husband by pronouncing instant Triple Talaq in August. The petitioner claimed that she has been informed by a family member her husband is planning for another marriage.
Therefore she has challenged the assumed absolute discretion of the Muslim husband to give divorce (talaq-ul-Sunnat) to his wife at any time without any reason and without advance notice to wife and without the presence of wife on the grounds of being arbitrary, anti-Shariat, unconstitutional, discriminatory, barbaric and illegal.
The petitioner has sought a direction for the issuance of detailed step by step guidelines in form of checks and balances on the issue of the assumed absolute discretion of the Muslim husband to give divorce (talaq-ul-Sunnat) to his wife at any time without any reason and without advance notice to wife and without the presence of wife.
The petitioner sought the court to declare that Muslim marriage is not just a mere contract but it is a status.
The petitioner also sought direction to respondents to frame the law in form of detailed step by step guidelines containing checks and balances on the issue of the assumed absolute discretion of the Muslim husband to give divorce (talaq-ul-Sunnat) to his wife at any time without any reason and without advance notice to wife and without the presence of wife.
