Muslim woman reached High Court against Talaq-ul-Sunnat
New Delhi: The Delhi High Court has asked the Central Government to respond by giving notice to the Central Government in the case of unreasonable talaq (talaq-ul-Sunnat) by a Muslim man to his wife at any time. The Center has been given 8 weeks to respond to the notice. The notice was issued by a bench of Justice Vipin Sanghi and Justice Jasmeet Singh. The petition has been filed by a 28-year-old Muslim girl, who is a mother of a 9-month-old baby. According to media reports, the Muslim woman who filed the petition has called Talaq-ul-Sunnat arbitrary, unconstitutional and barbaric custom. The woman’s husband had left her in August 2021 by giving her triple talaq.
By Arpit Birtharia
The woman’s lawyer Bajrang Vats, who filed the petition, has defended her in court. He has demanded the court to issue detailed guidelines or laws on divorce as cheques and balances by the Divorce-ul-Sunnat. It has also demanded that Muslim marriage be declared as a status, not just a contract. Advocate Monica Arora took a stand in the matter on behalf of the Central government. She informed the court on Wednesday (January 12) that the law enacted by the Central Government in 2019 covers triple talaq. However, other forms of divorce were not added to it.
In September 2021, a bench of Justice Rekha Palli granted the petition for hearing as PIL. The petition was dismissed in September last year. The plea was dismissed as a pre-interference by Parliament in the matter. Later, there was a demand to reconsider it. The next hearing in the case has been posted on May 2.
What is Talaq-ul-Sunnat?
‘Talaq-ul-Sunnat’ refers to the monopoly of a Muslim man to divorce his wife at any time for no reason. However, this does not apply at once. It is also known as recoverable divorce. The possibility of a contract between husband and wife in this form of divorce remains in the future. So it is considered different from triple talaq. It is considered by people of both Shia and Sunni sects.
Courtesy : News Track
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