Ambika bhardwaj
Published On: January 13, 2022 at 21:05 IST
The Delhi High Court has sought the Central Government’s response to a review petition wanting to declare the Muslim husband’s “assumed absolute discretion” to divorce (talaq-ul-sunnat) his partner at any moment with no specific reason or advance notice to her as arbitrary, anti-Shariat, discriminatory, and unlawful. While posting the matter for hearing on May 2, Justice Vipin Sanghi and Jasmeet Singh gave eight weeks for filing a reply.
The plea, lodged by Advocate Bajrang Vats, also requested that detailed guidelines should be issued in the form of checks and balances concerning divorce by Talaq-ul-Sunnat. A declaration was also sought to the effect that Muslim marriage is a status which is not just a contract. However, the Court rejected the plea last year in September.
Eventually, the petitioner sought Judicial Review for the decision.
The review petition is lodged to determine whether Talaq-ul-Sunnat comes under the definition of talaq under Section 2(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises triple talaq.
Advocate Monika Arora, who was representing the Centre, argued during the hearing that argued that while one form of talaq, instant talaq, was ruled illegal, the other forms were not particularly covered by the Act of 2019.
She went on to say that, while triple talaq has been found illegal but if a husband says talaq to his wife three times in three months, or with a gap, it is not considered illegal.