Delhi High Court rejects PIL against triple talaq on Hindu wives of Muslim men

The high court also said that "all women are entitled to equal protection under the law."

Published: 21st April 2017 03:46 PM  |   Last Updated: 21st April 2017 03:46 PM   |  A+A-

Delhi High Court (File | PTI)

By PTI

NEW DELHI: The Delhi High Court today dismissed a plea seeking a direction to the Centre that triple 'talaq' or polygamy should not be applicable to Hindu women who are married to Muslim men.

A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra said it was not inclined to go into the issue, as the Supreme Court was already seized of the triple talaq matter relating to changes in the Muslim personal law. It said there was no dispute that a constitution bench has been formed to hear the issue. So, the law laid down by it will be applicable to all women and children of the society.

The high court also said that "all women are entitled to equal protection under the law." "In view of this (Supreme Court being seized of the issue), we are not inclined to hear the issue. The petition is dismissed," the bench said.

The Public Interest Litigation (PIL) by advocate Vijay Kumar Shukla had highlighted the plight of Hindu women affected by triple talaq. It had sought directions to the Centre to make registration of inter-caste marriages compulsory under the Special Marriage Act or Compulsory Registration of Marriage Act with a clause on imposition of penalty in case an inter- caste marriage is not registered.

A constitution bench of the Supreme Court will be hearing from May 11, a batch of petitions challenging the practice of triple talaq and polygamy as unconstitutional and discriminatory towards women. Muslim practices of triple talaq, nikah halala and polygamy are issues that are "very important" and involve "sentiments", the apex court had observed earlier.

The PIL had claimed that since the 'nikahnaama' (marriage contract) is written in Urdu, Hindu women fail to understand provisions relating to triple 'talaq' or polygamy. The Muslim cleric should explain the provisions of the 'nikahnaama' pertaining to summary divorce and polygamy to the Hindu women in their mother tongue, the petitioner had urged the court.

"Issue direction that in marriage of Hindu girl with a Muslim boy, provision of triple talaq by husband or plural marriage by men will not apply," the plea had said.

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