The Delhi High Court asked for the Centre’s response to a request to declare unconstitutional the provision penalizing a Muslim husband for pronouncing “talaq” on his wife.
The plea says that the pronouncement of the “triple talaq” or the “talaq-e-biddat” is already declared void, the legal provision to sanction such an act is onerous and inconsequential.
A bench of judges Vipin Sanghi and Rajnish Bhatnagar, however, refused to suspend investigations or trials in all FIRs registered in Delhi under section 4 of the Muslim Women (Protection of Marriage Rights) Act 2019. , until the suspension of this petition.
The bench said that it appears prima facie that the purpose of Article 4 (the Muslim husband who pronounces talaq on his wife will be punished with imprisonment of up to three years and liable to a fine) is to discourage this age-old practice.
“The legislation is presumed valid, unless it is declared invalid or unconstitutional by a competent court, and annulled. At first glance, it seems to us that the purpose of article 4 of the aforementioned law is to discourage the elderly and the traditional practice of pronouncing talaq by a Muslim husband on his wife by resorting to talaq-e-biddat. , that is, the triple talaq.
“The purpose of Article 4 appears to be to deter such a practice. Just because the triple talaq was declared void and illegal does not mean that the legislature could not have made the continuation of this practice an offense. is our prima facie case. We are therefore not inclined to grant interim relief to the applicant, ”said the bench.
The court heard a plea from a man, a lawyer, seeking to declare the particular provision of the law null ab initio, ultra vires, unconstitutional, discriminatory and violating the fundamental rights of Muslim men like him.
His wife filed a complaint against him under this provision.
Attorney Tarun Chandiok, appearing for counsel, argued that once the triple talaq has been canceled and illegal, there is no justification for criminalizing the uttering of the triple talaq, as it would have no effect. legal status of Muslim marriage.