Delhi High Court Issues Notice On Review Petition Seeking Declaration Of 'Talaq-Ul-Sunnat' As Unconstitutional

The Delhi High Court has sought response of the Central Government in a review petition 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 granted eight weeks time for filing a response while posting the matter for hearing on May 2.

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.

However, the said plea was dismissed by the Court in September last year. Later, the petitioner had sought review of the same.

The review petition is filed seeking a clarification whether talaq ul sunnat also falls within the meaning of talaq under Section 2(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019 which criminalizes triple talaq.

During the course of hearing on Wednesday, Advocate Monika Arora appearing for Centre submitted that while one of the forms of talaq i.e. instant talaq was declared illegal, the other forms were not specifically covered by the Act of 2019.

She added that though triple talaq has been declared as unconstitutional, however, if a husband says talaq three times in three months to the wife, or with a gap, the same is not declared to be illegal.

Hearing the aforesaid, the Court recalled the order passed by it wherein it had dismissed the writ petition and allowed the revision petition.

"In the order dated September 23, 2021 we had proceeded on the basis that talaq ul sunnat is covered by Section 3 of the Muslim Women Act 2009 on the assumption that talaq e sunnat is also a pronouncement of talaq by a Muslim husband upon his wife by words either spoken or written or in electronic form in any other manner whatsoever. However our attention has been drawn to the definition of the term talaq in the aforesaid Act. It appears talaq ul sunnat is not covered by Section 2 (C) of the aforesaid Act. The matter therefore requires consideration," the Court ordered.

The petition was 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.

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.

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