Delhi HC to continue hearing PIL against triple talaq law on October 18

By: |
August 19, 2019 8:01 PM

The petition has claimed that there could be a misuse of criminalisation of triple talaq as the legislation does not provide for a mechanism to ascertain the truthfulness of the allegations of such pronouncement.

It has also said that criminalising triple talaq violates the principles of natural justice and the fundamental rights of citizens.

The Delhi High Court on Monday said it will continue to hear on October 18 a plea challenging the new law criminalising the practice of instant triple talaq among Muslims. A bench of Chief Justice D N Patel and Justice C Hari Shankar heard brief arguments by the petitioner and then listed the matter for further hearing on October 18.

The court made it clear that it was not issuing a notice in the matter. The plea challenging the Muslim Women (Protection of Rights on Marriage) Act, 2019, was filed by a lawyer, Shahid Ali, early this month. It has contended that since triple talaq has been declared void, its practice cannot be construed as a criminal offence or even as a simple or a civil wrong. Referring to the provisions of the law, which makes pronouncement of triple talaq a non-bailable offence punishable with three years imprisonment, the plea said it closes all possibilities for a compromise between a man and his wife. The petitioner has alleged that the intentions of the central government are “mala fide and ultra vires” of the Constitution as well as the Supreme Court judgement which declared instant and irrevocable divorce pronounced by a Muslim husband void and illegal.

The petition has claimed that there could be a misuse of criminalisation of triple talaq as the legislation does not provide for a mechanism to ascertain the truthfulness of the allegations of such pronouncement. It has also said that criminalising triple talaq violates the principles of natural justice and the fundamental rights of citizens.

Get live Stock Prices from BSE, NSE, US Market and latest NAV, portfolio of Mutual Funds, calculate your tax by Income Tax Calculator, know market’s Top Gainers, Top Losers & Best Equity Funds. Like us on Facebook and follow us on Twitter.

Financial Express is now on Telegram. Click here to join our channel and stay updated with the latest Biz news and updates.

Next Stories
1Congress makes 3 demands on farm bills for ending boycott of Rajya Sabha
2PM Narendra Modi visited 58 countries since 2015
3Nitish hails farm bills passage, says some people are speaking against it without knowledge