look news india
The Supreme Court has sought details of criminal cases filed against the central government against the three divorces in the last six years from the central government on Wednesday, 29 January. The court has asked how many Muslim men have severed the relationship by calling their wives ‘three times divorce’ by violating the Muslim Women (Protection of Marriage Rights) Act passed in 2019. Along with this, the court has also sought information about the number of elements and charge sheet registered across the country.
A bench of Chief Justice (CJI) Justice Sanjeev Khanna and Justice Sanjay Kumar has directed the Center and other parties to file a written representation during the hearing on 12 petitions challenging the constitutionality of this law. The bench has set the final hearing on these petitions in the week starting from March 17. Kozhikode -based Muslim organization ‘All Kerala Jamiat ul Ulema’ is the main petitioner in this case.
Court comments and instructions
The bench said, “The defendant (Central Government) should inform the total number of elements and charge sheet pending under sections 3 and four of the Muslim Women (Protection Rights) Act 2019.” In addition, the parties have been instructed to file written representations of no more than three pages to support their arguments.
CJI Khanna also clarified that the petitioners are only challenging and not defending the criminalization of this practice. He said, “No lawyer here is saying that the practice of triple talaq is correct, rather they are asking if it can be made a crime, while this practice is banned and divorce by giving divorce three times at a time Cannot be done.”
Legal reference to triple talaq
Under the law passed in 2019, ‘triple talaq’ has been declared illegal and invalid, and on doing so there is a provision of three years of jail sentence. Despite this, the practice of triple talaq is not yet over. It is noteworthy that the Supreme Court had declared the practice of dissecting the relationship, ie divorce-e-biddat, as unconstitutional on 22 August 2017.