New Delhi : Anticipating that her husband, who has already given two talaq notices, might take the illegal and unconstitutional route of triple triple to end their marriage, a Muslim woman approached the SC on Thursday and sought its intervention to restrain him.
Appearing before a bench of Justices Indira Banerjee and Sanjiv Khanna, the woman’s advocate M M Kashyap mentioned the petition and sought an urgent hearing. He said the husband had sent two talaq notices — on March 29 and May 7 — and the third notice might be sent any time to complete the process of triple talaq. An SC Constitution bench had in August 2017 held the Muslim practice of triple talaq unconstitutional and had struck it down by 3:2 majority. The SC had said triple talaq violated fundamental rights of Muslim women as it irrevocably ended marriage without any chance of reconciliation.
Referring to the SC’s verdict, the petitioner urged the court to declare the process adopted by her husband as illegal. She contended that the Centre had brought the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, which made triple talaq an offence. Under the ordinance, divorcing through instant triple talaq is illegal, void and would attract a jail term of three years for the husband.
The woman alleged that she was subjected to dowry harassment by her husband and was thrown out of her matrimonial home after not meeting the demand. She also pleaded for registration of criminal case against her husband for resorting to triple talaq. The court will hear her plea on May 20.
Source : TOI