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The Delhi High Court has sought response from the Centre on a plea in search of to declare the availability penalising a Muslim husband for saying ‘triple talaq’ upon his spouse as unconstitutional.
The High Court’s order got here on a petition which argued that because the Muslim Women (Protection of Rights on Marriage) Act, 2019, has declared the follow of ‘triple talaq’, to be void and unlawful, there is no justification for criminalising pronouncement of ‘triple talaq’.
Section 4 of the Act gives that any Muslim husband who pronounces ‘triple talaq’ upon his spouse shall be punished with imprisonment for a time period which can prolong to 3 years. A Bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar, nonetheless, stated, “Prima facie it appears to us that the object of Section 4 of the aforesaid Act is to discourage the age-old and traditional practice of pronouncement of talaq by a Muslim husband upon his wife by resort to talaq-e-biddat i.e. triple talaq”.
“The purpose of Section 4 appears to be to provide a deterrent against such practice. Merely because triple talaq has been declared to be void and illegal, it does not mean that the legislature could not have made the continuation of such practice an offence. This is our prima facie view,” the Bench stated.
The courtroom additionally declined to grant any of the interim reduction sought by Nadeem Khan, together with to remain all FIRs registered beneath Section 4 of the 2019 Act in police stations inside the territory of Delhi pending the consideration of his petition.
Mr. Khan had additionally sought a route to the Commissioner of Police to restrain him from registering FIRs alleging the fee of offence beneath Section 4 of the Act throughout the pendency of the petition.
It was his competition that after triple talaq has been rendered void and unlawful, there is no justification for criminalising pronouncement of triple talaq, since such triple talaq would don’t have any authorized impact on the standing of the Muslim marriage.
“Since it is of no consequence, and does not end marital status of the wife — who may be subjected to triple talaq, there is no purpose of penalising under the said Act,” he argued.
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