SC issues notice on petition against tripla talaq lawtext_fields
New Delhi: TheSupreme Court has sent notice to Central Government on a petition challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
The petition was filed by Indian Union Women’s League, women’s wing of IUML.The petitioner, Noorbeena Rasheed, national general secretary of Indian Union Women’s League, contends that the Act violates Articles 14, 15 and 21 of the Constitution.
The petition, filed through advocate Zulfiqar Ali P S, argues that by virtue of the SC judgement which declared Triple Talaq as unconstitutional, divorce does not happen by mere utterance of Talaq three times and thus the marital relationship still exists. Filing criminal charges and imprisoning the husband will shatter the family relationships and the re-unification of the spouses becomes impossible in such a situation.
The petition said that that there was no benevolence or welfare apparent in the Act and added that protection of wives cannot be achieved by incarceration of husbands. The petition will be heard along with other similar petitions filed earlier.