Delhi High Court has taken note of the PIL filed by Shahid Ali seeking quashing of Sections 4 & 7 of the newly promulgated Muslim Women (Protection Of Rights On Marriage) Act, 2019, whereby the Central Government in its own wisdom has made the pronouncement of Triple Talaq by a Muslim Husband upon his Muslim wife, a criminal offence punishable with imprisonment for a term which may extend to 3 years and with fine under Section 4 of the said Act.
Petitioner Shahid Ali (Social Activist) argued before the Bench comprising the Chief Justice of Delhi High Court and Justice C Harishankar that according to Quran when a husband pronounces talaq to his wife then a 3 months period is taken for a chance of reconciliation of the two. If the same does not take place then they may be divorced. However, if the couple reconciles and come together in the 3 months period they would remain Husband and wife. For the second pronouncement of divorce the same procedure shall be followed. The Petitioner argued that since the government has made it a criminal offence now then the husband would land in custody and there would be no time left for reconciliation.
“The SC had limited its judgment up to the declaration of triple divorce as unconstitutional and invalid, however, the Govt. went many steps further and not only declared the pronouncement of Triple Talaq as void and illegal but also has made the same a criminal offence, without making any arrangement in the said Act for reconciliation in between the Muslim husband pronouncing the triple Talaq and his wife.”, argued Shahid Ali.
The Court has scheduled the PIL to be heard next on 18th October. However no notice has been issued.
— India Legal Bureau