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The petition preferred by Advocate Shahid Ali claims that since Triple Talaq has been declared as void, the act of its pronouncement cannot be construed to be a criminal offence or even as a simple wrong or a civil wrong.
The petitioner has alleged that the intentions of Central Government are “malafide and ultra-vires” the Constitution of India as well as the Supreme Court’s judgment declaring instantaneous and irrevocable divorce pronounced by a Muslim Husband as void and illegal.
The petitioner has asserted that criminalizing Triple Talaq violates principles of natural justice, the fundamental rights of citizens of India and the Directive Principles of State Policy.
It is argued that the absence of any measures for reconciliation before making the Triple Talaq punishable, is contrary to the Holy Quran.
“The composite perusal of .. Ayats specifically provides that this is the commandment of Quran that there should be efforts for reconciliation and for sending the matter to arbitrators appointed by both the parties i.e Husband & wife and also that both the parties should live together in the same house till three menstrual periods are over and in case the wife is pregnant then till the time of delivery of the child with proper maintenance.”
The petitioner has also apprehended misuse of criminalization of Triple Talaq as the Act does not provide for a mechanism to ascertain the truthfulness of the allegations of pronouncement of Triple Talaq.
In light of these contentions, the petitioner has sought a declaration that Sections 4 & 7 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 are in violation of Articles 14, 15, 21 & 25(2) of the Constitution of India and are thus liable to be set aside.
The petition has been filed through advocates Anwar Khalil, Bhagta Hasan and Satish Kumar.
The petition is likely to come up for hearing next week.