Delhi High Court issues notice to Centre on plea against order on talaq


THE DELHI High Court on Friday issued a notice to the Centre on a review petition against an order passed by the court last month by which it dismissed a plea seeking to declare talaq al-sunnah, a type of divorce in Islamic jurisprudence, as unconstitutional and discriminatory.

On September 23, while hearing the petition of a Muslim woman who fears her husband will divorce her by talaq al-sunnah, the division bench of Justice Vipin Sanghi and Justice Jasmeet Singh said the plea was misconceived in the light of the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which declares pronouncement of talaq as illegal.

The petition seeks a clarification whether talaq al-sunnah falls within the definition of talaq under Section 2(c) of the 2019 law which states that talaq “means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband”. Talaq al-sunnah, also involving pronouncement of divorce by the husband, has a waiting period.

The petition challenges the “assumed absolute discretion” of the Muslim husband to give divorce to his wife “at any time without any reason and without advance notice to wife”.

The court listed the matter for hearing on January 12.



Source link

Leave a Reply

Your email address will not be published.

Legal Updates/News

Corruption a termite in every system: High court

Lucknow: The Lucknow bench of the Allahabad high court while refusing anticipatory bail to a government doctor, observed that corruption was a termite in every system and once it entered the system, it went on increasing. Rejecting the anticipatory bail of a government doctor, justice Krishna Pahal observed on February 25: “Corruption is a termite […]

Read More
Legal Updates/News

SC Allows CBI to Probe 17-Year-Old Girl’s Death by Suicide in TN

New Delhi: The Supreme Court on Monday allowed the CBI to proceed with the probe into the suicide of a 17-year-old girl in Thanjavur who was allegedly coerced to convert to Christianity. A bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice on the appeal filed by the Tamil Nadu DGP challenging the […]

Read More
Legal Updates/News

SC Allows Future Retail to Move Delhi HC to Seek Resumption of NCLT Proceedings

The top court noted that the proceedings before the NCLT are at stage 8, meeting of shareholders, and that there are 15 stages for the final approval of the scheme. The top court granted liberty to Future Retail to move the high court seeking continuation of proceedings before NCLT beyond Stage 8. “Approach the Delhi […]

Read More