Questioning the Supreme Court through a petition, Ishrat Jahan asked whether an arbitrary and unilateral divorce through triple talaq can deprive the wife of her matrimonial rights, following which the apex court has issued a notice to the Central government on the plea challenging triple talaq.
In her petition, Jahan sought a declaration from the apex court, that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was unconstitutional, as it violated fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (life) and 25 (religion) of the Constitution.
Talaq-e-bidat is a Muslim man divorcing his wife by pronouncing the word “talaq” more than once in a single tuhr (the period between two menstruations), or in a tuhr after coitus or pronouncing an irrevocable instantaneous divorce at one go (unilateral triple-talaq).
Jahan said that she continued to live in her matrimonial home in spite of her husband divorcing her through triple talaq. “My husband and his relatives are constantly attempting to drive me out of my matrimonial home,” she said. Jahan has four children, who were forcibly taken away from her and she has no knowledge of their whereabouts. “The petitioner does not have any support as her parents are residing in Bihar. She is surviving with her sister’s help. The police are also not making any effort to trace her children,” the petition said.
A bench headed by Chief Justice T.S. Thakur is reviewing these petitions and has issued notices to the All India Muslim Personal Law Board and others. Previously, Shayara Bano’s petition too questioned these aspects of triple talaq. Bano, 38, had raked up a controversy nest after she moved the Supreme Court to challenge the triple talaq. She urged that a woman’s consent is nowhere in the picture, and as opposed to what is written in the Quran, she is never given the stipulated three months’ time as well.