A PIL seeking quashing of Section 4 and 7 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, was on Friday withdrawn by the petitioner after Delhi High Court granted him liberty to approach Supreme Court as similar petitions are already being heard in the apex court.
Division Bench of Chief Justice DN Patel and Justice C Harishankar clearly stated that the petition is maintainable and it is upto the petitioner to continue the matter here or wants to approach Supreme Court as several similar matters are already seized in the top court.
Petitioner Shahid Ali then decided to withdraw the PIL from Delhi High Court and speaking to ANI said he will approach Supreme Court soon.
The plea sought quashing/setting aside of Section 4 and 7 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, which makes pronouncement of Triple Talaq a criminal offence punishable with imprisonment for a term which may extend to three years and with fine under Section 4 of the Act.
Ali, a social activist, in his petition stated that though the Supreme Court had limited its judgment up to the declaration of triple divorce as unconstitutional and invalid, however, the Govt. went many steps further and not only declared the pronouncement of Triple Talaq as void and illegal but also has made the same a criminal offence, however, without making any arrangement in the said Act for reconciliation between the Muslim husband, pronouncing the Triple Talaq, and his wife.
The mere fact of not providing any measure for reconciliation in between the husband and his wife is ultra-vires to own statement of objects and reasons attached with the Act and also violative of the order of the Supreme Court, the plea states.
Petition further mentions that the present Act "discriminate against Muslims also on the ground that, as submitted herein above, that the instances of desertions would be increased, In Indian society most of the aggrieved Hindu husbands on account of tough procedure of divorce, prefers to desert their wives and since desertions is no offence, therefore, they avoids the unhappy marriages, however, the Muslim husbands cannot desert their wives and also cannot go in adultery on account of commandment of Quran, therefore, it is submitted that the present Act will result in discrimination against Muslims.
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