Published On : Fri, Sep 2nd, 2016

Muslim Personal Law Board files pro-triple talaq plea in SC

Muslim Women

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New Delhi/Nagpur: The Muslim Personal Law Board files a pro triple talaq affidavit.

The Board says triple talaq is a cultural issue linked with Islam and one can’t challenge in court what is laid down in the Quran.

The s affidavit comes after a Muslim woman, who was divorced by her husband through a phone call from Dubai, challenged the Muslim practices of polygamy, triple talaq (talaq-e-bidat) and nikah halala, leading the Supreme Court to seek response from the Centre on her plea.

Talaq-ebidat is a Muslim man divorcing his wife by pronouncing more than one talaq in a single tuhr (the period between two menstruations), or in a tuhr after coitus, or pronouncing an irrevocable instantaneous divorce at one go (unilateral triple-talaq).

Nikah halala refers to the marriage of a woman with another man who subsequently divorces her so that her previous husband can remarry her.

While dealing with the plea of the 26-year-old woman from Kolkata whose husband divorced her by saying talaq thrice over telephone from Dubai, a bench comprising Chief Justice T S Thakur and Justices A M Khanwilkar and D Y Chandrachud, issued notice to ministry of minority affairs and others.

The court tagged the petition, filed through advocate V K Biju, with a bunch of other pleas which are scheduled to come up for hearing on September 6.

Petitioner Ishrat Jahan has sought a declaration from the court that Section 2 of Muslim Personal Law (Shariat) Application Act, 1937 was unconstitutional as it violated fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (life) and 25 (religion) of the Constitution “in so far as it seeks to recognise and validate talaq-e-bidat as a valid form of divorce”.

The apex court had taken suo motu cognizance of the question whether Muslim women faced gender discrimination in cases of divorce or due to other marriages of their husbands and urged Chief Justice of India to set up a bench to examine the issue.