NEW DELHI: The Delhi High Court has dismissed a plea challenging the ‘assumed absolute discretion’ of Muslim husbands to divorce (talaq-ul-sunnat) their wives at any time without any reason and advocate notice to her, saying the Parliament has already enacted a law in this regard.
A bench of Justices Vipin Sanghi and Jasmeet Singh said the petition was completely misconceived and there was no merit in it.
“We do not find any merit in this petition since the Parliament has already intervened and enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019. The petition is dismissed,” the bench said.
The plea was filed by a 28-year-old married Muslim woman who said she was deserted by her husband by pronouncing instant ‘triple talaq’ on August 8 this year and thereafter, she served a legal notice to her husband for restitution of conjugal rights.
As per the act, any pronouncement of ‘talaq’ by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever shall be void and illegal.