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Plea in Delhi HC challenges absolute discretion of Muslim husband to give divorce to his wife

·2-min read
Representative Image
Representative Image

New Delhi [India], September 16 (ANI): A plea has been filed in the Delhi High Court seeking a declaration that the assumed absolute discretion of the Muslim husband to give divorce (talaq-ul-Sunnat) to his wife at any time without any reason, without advance notice and without the presence of his wife is arbitrary, anti-Shariat, unconstitutional, discriminatory, barbaric and illegal.

Justice Rekha Palli, who was hearing the matter on Thursday, listed the matter before another bench dealing with public interest litigation observing that the petition was in nature of public interest. The Court noted that the relief sought by the woman in the petition is of public interest litigation even though she suffered due to her husband's action.

The Court was hearing the petition filed by a woman through her advocate Bajrang Vats.

The petition said that the 28-year-old Muslim woman, who is the mother of a nine month-old-child was deserted by her husband by pronouncing instant Triple Talaq on August 2. The petitioner claimed that she has been informed by a family member that her husband is planning for another marriage.

She challenged the assumed absolute discretion of the Muslim husband to give divorce (talaq-ul-Sunnat) to his wife at any time without any reason and without advance notice to wife and without the presence of wife on the grounds of being "arbitrary, anti-Shariat, unconstitutional, discriminatory, barbaric and illegal".

The petitioner has sought a direction for issuance of detailed step by step guidelines in form of checks and balances on the issue of the assumed absolute discretion of the Muslim husband to give divorce (talaq-ul-Sunnat) to his wife at any time without any reason and without advance notice to wife and without the presence of wife.

The petitioner sought to declare that Muslim marriage is not just a mere contract but it is a status.

The petitioner also sought directions to respondents to frame the law in form of detailed step-by-step guidelines containing checks and balances on the issue of the assumed absolute discretion of the Muslim husband to give divorce to his wife at any time without any reason and without advance notice to his wife and without the presence of his wife. (ANI)

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