Delhi High Court Issues Notice On Review Plea Against Dismissal Of Plea Seeking Declaration Of Talaq-ul-Sunnat As Unconstitutional

The Delhi High Court on Friday issued notice on a review petition challenging an order dismissing a plea seeking to declare the "assumed absolute discretion" of the Muslim husband to give divorce (talaq-ul-sunnat) to his wife at any time without any reason or advance notice to her, as arbitrary, anti-shariat, discriminatory and unconstitutional.

Justice Vipin Sanghi and Justice Jasmeet Singh posted the matter for further hearing on January 12.

During the course of hearing, Advocate Bajrang Vats argued that the review plea has been filed in order to make the legal position clear as to whether Talaq-ul-Sunnat falls within the meaning of Talaq under sec. 2 (c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

Reading out the definition of Talaq under sec. 2 (c) of the Act, Vats argued that Talaq-ul-Sunnat, being a revocable form of Talaq, is not covered under the same.

"The meaning of Talaq covers only Talaq e Biddat. Any other form of Talaq which is not instant is not covered under the definition. Sunnat is not instant. It is revocable. The legal position must be clear," he submitted.

On the other hand, Advocate Monika Arora appearing for the Centre said that the meaning of Talaq only covers those forms of Talaq which are instant.

To this, Justice Vipin Sanghi said:

"Are you conceding to what he is submitting?"

Arora however submitted that a detailed reply will be filed in the matter.

"You will also have to explain attributes of Talaq-ul-sunnat in your reply," the Court said.

The petition filed through Advocate Bajrang Vats, additionally sought directions for issuing detailed guidelines or law in the form of checks and balances regarding divorce by talaq-ul-sunnat.

A declaration was also sought to the effect that Muslim Marriage is not just a mere contract but is a status.

While dismissing the plea, the Court had said:

"We do not find any merit in this petition since the Parliament has already intervened and enacted the aforesaid enactment/ Act."

The petition had been moved by a 28 year old muslim woman, a mother of 9 months old child, who was deserted by her husband by pronouncing triple talaq in August this year.

"The petitioner served a legal notice 12.08.2021 upon respondent no. 2 (her husband) for restitution of conjugal rights. In response, the respondent no. 4 husband served upon the petitioner a Legal Notice dated 02.09.2021 wherein the respondent no.4 husband has denied pronouncement of instant Triple Talaq on 02.08.2021 to the petitioner as well as the petitioner wife is called upon to give divorce to the respondent no. 4 husband within 15 days from the date of receipt of this legal notice.The petitioner had been informed by a family member of the respondent no.2 that the respondent no. 4 husband is planning to divorce the petitioner for another marriage," the plea read.

Talaq ul Sunnat is also called as revocable Talaq for the reason that it does not become final at once and there always remain a possibility of compromise between the husband and wife.

Title: RESHMA v. UNION OF INDIA THROUGH MINISTRY OF WOMEN AND CHILD DEVELOPMENT, GOVERNMENT OF INDIA & ORS.