Plea In Delhi High Court Seeks Declaration Of Talaq-ul-Sunnat At Any Time Without Reason Or Advance Notice To Wife As Unconstitutional

A plea has been filed in the Delhi High Court seeking declaration 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 Rekha Palli, before whom the plea was listed on Thursday, said that the petition must be listed before the bench headed by Chief Justice as it is in the nature of a public interest litigation.

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

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

The petition has 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 has 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 reads.

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.

After hearing the counsel for the petitioner woman, the Court said that the matter will be considered by the Chief Justice's bench next week subject to his orders.