Plea in HC challenges assumed absolute discretion of Muslim husband to give divorce to wife

The lawyer, appearing in the matter explained that Talaq-ul-sunnat is 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.

A plea has been filed in the Delhi High Court challenging the ''assumed absolute discretion'' of Muslim husband to give divorce (talaq-ul-Sunnat) to his wife at any time without any reason and without advance notice to her.

The plea, which alleged that the practice is ''arbitrary, anti-Shariat, unconstitutional, discriminatory and barbaric'', came up for hearing on Thursday before Justice Rekha Palli who said since it is like public interest litigation so it is listed before the bench dealing with PILs.

The petitioner woman, represented through advocate Bajrang Vats, has sought that the assumed discretion of the husband to give divorce to his wife at any time be declared as arbitrary.

It has also sought the 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 has sought direction that the Muslim marriage is not just a mere contract but it is a status.

The plea has been 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 the date of receipt of this notice.

The woman said such a type of discretion allegedly practiced by Muslim husbands to give divorce to wife without any reason is a misuse of process. The lawyer, appearing in the matter explained that 'Talaq-ul-Sunnat is 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, 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 added. The Supreme Court had in August 2017 held that the 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 offense.

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.

The court, while hearing the matter, said even though the woman is aggrieved by the action of her husband, the relief sought in the petition is like public interest litigation.

''Let the matter be listed before the roster bench dealing with PILs,'' the bench said, adding the matter be listed next week.