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Delhi High Court transfers plea assailing discretion of Muslim husband to give divorce without advance notice

A single-judge bench of Justice Rekha Palli transferred the plea as it was in the nature of a public interest litigation.

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The Delhi High Court on Thursday transferred a plea assailing the absolute discretion of Muslim husband to give divorce (talaq-ul-sunnat), without giving any reason or advance notice to wife, amongst other reliefs, to Division Bench-I, of Chief Justice D. N. Patel and Justice Jyoti Singh, subject to orders of the Chief Justice.

A single-judge bench of  Justice Rekha Palli transferred the plea as it was in the nature of a public interest litigation.

The petition further sought, issuance of detailed step by step guidelines in form of checks and balances on the issue of the absolute discretion of Muslim husband to give divorce (talaq-ul-sunnat) and a declaration stating, Muslim marriage is not just a mere contract, but is also a status.

The plea was moved by a 28-year-old Muslim mother of a 9-month-old child, who was deserted by her husband, upon pronouncing Triple-Talaq in August. Subsequently, he has sent her a notice for divorce on September 2, 2021.

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Advocate Monica Arora, appearing on the behalf of Central Government submitted that, the nature of relief sought should be on the basis of PIL and in front of a division-bench not a single-judge bench.

Advocate Bajrang Vats, Counsel for Petitioner, informed the Court that, as the petitioner, in the present case is aggrieved, the plea has been filed as a writ petition, but stated, if the Court deems it appropriate to treat as a PIL, it may do so.

The date of hearing before Division Bench-I, is September 24.

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