"Parliament Already Intervened": Delhi High Court Dismisses Plea Seeking Declaration Of Talaq-ul-Sunnat As Unconstitutional

Observing that the Parliament had already intervened and enacted a law, the Delhi High Court has dismissed a petition 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 Vipin Sanghi and Justice Jasmeet Singh said:

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

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.

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.

"In our view, the petition is complete misconceived in the light of the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and in particular Section 3 thereof," the Court said at the outset.

"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.

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