Bombay HC refuses to hear plea against triple talaq ordinance

The Bombay High Court on Monday dismissed a petition challenging provisions of an ordinance that makes the practice of instant triple talaq a punishable offence.

he Bombay High Court on Monday dismissed a petition challenging provisions of an ordinance that makes the practice of instant triple talaq a punishable offence.

The court said that since the Supreme Court is hearing similar matter, it would not like to look into the matter. Advocate Tanveer Nizam, who appeared for petitioners, will now be approaching the Supreme Court where a number of petitions against the Ordinance have been filed and will be heard.

Called the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, the ordinance was promulgated on September 19. The petition, challenging the Ordinance had been filed by a group of petitioners, including ex-municipal councillor Masud Ansari, Nasibullah Khan — a businessman — who also runs an NGO and has been facing some serious marital woes and advocate Devendra Mishra.

The petitioners challenged Sections 4 and 7 of the Ordinance and said, “The very construction of the impugned Ordinance shows that it selectively targets only Muslim religion people keeping untouched other religion’s men despite the fact that the highhanded act, conduct and ill-custom of “divorce” by spoken, written or in other modes by men in other regions exists equally.”

The petitioners said that marriages are civil contracts and this Ordinance seeks to “criminalise the breach of civil contract in the form of Muslim marriage and further seeks to put Muslim husbands to face criminal prosecution, imprisonment. And further such imprisoned Muslim husband (in judicial custody) is not permitted to be freed or granted bail till the aggrieved Muslim wife is heard by the magistrate to his satisfaction.”

Source: India Today

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