HC seeks Centre's reply on plea to quash provision penalising Muslim husband for pronouncing talaq

New Delhi [India], October 15 : Delhi High Court has issued notice to Centre on a Muslim man, who has been booked under the provisions of practicing triple talaq petition, challenging Section 4 of the Muslim Women (protection of Rights on Marriage) Act, 2019.
The petition was filed by one Muslim man, who has been booked under the Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and voluntarily causing hurt.
A Division Bench of Justices Vipin Sanghi and Justice Rajnish Bhatnagar has asked the Centre Government to file reply on the plea filed by Nadeem Khan.
The petitioners' s counsel, advocates Tarun Chandiok and Naseem Ahmed has urged the court to declare Section 4 of the Muslim Women (protection of Rights on Marriage) Act, 2019 as void ab initio, ultra vires, unconstitutional, discriminatory and violative to the fundamental rights of Muslim men.
The High court said that it would like to await the judgment of the Supreme Court before proceeding in the matter as the issues raised by the petitioner in the present petition are pending consideration before the top court.
Henceforth the high court adjourned the matter sine die with liberty to the parties to move an application as and when the decision of the Supreme Court is rendered.
However the court declined to grant any interim relief to petitioner plea seeking to stay all FIRs registered under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 in entire Delhi. The court also denied to grant any interim relief to petitioner plea seeking a direction to the Commissioner of Police to restrain him from registering FIRs alleging the commission of offence under Section 4 of the aforesaid Act during the pendency of the writ petition.
"Firstly, we may notice that the present petition is not in the nature of a PIL. Therefore, for the petitioner to seek a general relief in respect of all cases where Section 4 of the aforesaid Act may be invoked, is not permissible," the court said.
The court also rejected his submission seeking to refer the matter to a larger bench.
"Legislation is presumed to be valid, unless it is declared to be invalid, or unconstitutional by a Competent Court, and is struck down. Prima facie it appears to us that the object of Section 4 of the aforesaid Act is to discourage the age old and traditional practice of pronouncement of talaq by a Muslim husband upon his wife by resort to talaq-e-biddat i.e. triple talaq," the court said.
"The purpose of Section 4 appears to provide a deterrent against such practice. Merely because triple talaq has been declared to be void and illegal, it does not mean that the legislature could not have made the continuation of such practice an offence. This is our prima facie view," the court said: "We are, therefore, not inclined to grant any interim relief to the petitioner."
The petitioner has also sought quashing of FIR, under section 4 of muslim woman (protection of right on marriage) and 323 of Indian Penal Code.
Under Section 4 of Muslim Woman (protection of right on marriage) Act, any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.