HC dismisses plea challenging assumed absolute discretion of Muslim husband to divorce

The Delhi High Court dismissed the plea challenging saying the Parliament has already enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, for such cases

New Delhi:The Delhi High Court has dismissed a plea challenging the assumed absolute discretion of Muslim husbands to divorce (talaq-ul-sunnat) their wives at any time without any reason and advocate notice to her, saying the Parliament has already enacted a law in this regard. A bench of Justices Vipin Sanghi and Jasmeet Singh said the petition was completely misconceived and there was no merit in it.

We do not find any merit in this petition since the Parliament has already intervened and enacted the aforesaid enactment/ Muslim Women (Protection of Rights on Marriage) Act, 2019. The petition is, accordingly, dismissed, the bench said. It noted that the apprehension of the petitioner woman is her husband would divorce her by resort to Talaq-ul-Sunnat.

In our view, the petition is completely misconceived in the light of the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and in particular Section 3 thereof, it said. As per section 3 of the Act, any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

The petitioner woman, in her plea, alleged that the practice is "arbitrary, anti-shariat, unconstitutional, discriminatory and barbaric" and sought that the assumed discretion of the husband to give divorce to his wife at any time be declared as arbitrary. The plea also sought issuance of detailed step by step guidelines in the form of checks and balances on the issue of assumed absolute discretion of the husband to give divorce to his wife at any time without any reason. It sought direction to declare that the Muslim marriage is not just a mere contract but it is a status.

The plea was filed by a 28-year-old married Muslim woman who said she was deserted by her husband by pronouncing instant 'triple talaq' on August 8 this year and thereafter, she served a legal notice to her husband for restitution of conjugal rights. The plea said in response to the legal notice, the man has denied pronouncement of instant 'triple talaq' and asked the woman to give him divorce within 15 days from date of receipt of this notice.

The woman said such type of discretion allegedly practiced by Muslim husband to give divorce to wife without any reason is misuse of process.

The lawyer, appearing in the matter had explained that 'Talaq-ul-sunnat' was a revocable form of talaq (divorce) because in this form, the consequences of divorce do not become final at once and there is a possibility of compromise and reconciliation between husband and wife.

However, by simply uttering the word talaq' three times, ends a Muslim marriage. This instant divorce is called triple talaq and is also known as talaq-e-biddat', the lawyer had added.

The Supreme Court had in August 2017 held that practice of triple talaq among Muslims is illegal and unconstitutional. Later, The Muslim Women (Protection of Rights on Marriage) Act, 2019 came into being which makes the practice of instant divorce through 'triple talaq' among Muslims a punishable offence.

In her plea filed in the high court, the woman claimed that she got to know that the man was planning to divorce her for another marriage.

PTI