Legislation on triple talaq challenged in Delhi High Court

A petition challenging the new legislation criminalising the practice of instant divorce through 'triple talaq' among Muslims was filed in the Delhi High Court on Friday.

The plea challenging the Muslim Women (Protection of Rights on Marriage) Act, 2019 was filed by an advocate who contended that since Triple Talaq has been declared as void, the Act of its pronouncement cannot be construed to be a criminal offence or even as a simple wrong or a civil wrong.

The petition filed by lawyer Shahid Ali is likely to come up for hearing next week.

Referring to the provisions of the law, which declared pronouncement of 'triple talaq' as a non-bailable offence punishable with three years imprisonment, the plea said this will shut down all rooms for compromise between the husband and wife.

The petitioner alleged that the intentions of central government are "mala fide and ultra-vires" of the Constitution as well as the Supreme Court's judgment declaring instantaneous and irrevocable divorce pronounced by a Muslim husband as void and illegal.

The plea claimed that there could be misuse of criminalisation of 'triple talaq' as the Act does not provide for a mechanism to ascertain the truthfulness of the allegations of such pronouncement.

It said criminalising triple talaq violates principles of natural justice, the fundamental rights of citizens.

It sought to declare that Sections 4 & 7 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 are in violation of Articles 14, 15, 21 & 25(2) of the Constitution and are liable to be set aside.