THE Delhi High Court on January 12, sought the response of the central government on a petition seeking to declare talaq alsunnah, the absolute discretion of a Muslim husband to divorce his wife without prior notice, as unconstitutional and discriminatory.
The review petition was filed seeking a clarification whether talaq al-sunnah also falls within the meaning of talaq under Section 2(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises triple talaq. Section 2(c) of the 2019 Act 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 is also called revocable talaq for it does not become final at once and there always remains a possibility of a compromise between the husband and wife. The petition was filed by a 28-year-old Muslim woman who with her nine-month-old child was deserted by her husband after pronouncing triple talaq. The Union government apprised the Court that while one form of talaq (instant talaq) has been declared illegal, the other two forms were not specifically covered by the 2019 Act although triple talaq has been declared unconstitutional. However, if a husband says talaq three times in three months to the wife, or with a gap, the same is not declared to be illegal, the centre added.
On September 23, while hearing the petition of a Muslim woman who feared that her husband will divorce her by talaq al-sunnah, the High Court said that the plea was misconceived in the light of the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and in particular Section 3 thereof, which reads as follows: “3. 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.”
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