Talaq Notices could not be Challenged Here - SC refuses to entertain plea of a Muslim Woman


A petition was filed before the Hon’ble Supreme Court by a Muslim Woman through her Advocate M M Kashyap. The plea challenged the two notices of Talaq given to her by her husband. The bench of Justice R Banumathi and Justice A S Bopana heard the petition.

The petition contended that the woman got married on February 22, 2009 as per the Muslim rites and customs. Her husband gave her first notice of talaq on March 25 and the second on May 7. Her husband and in-laws were harassing and assaulting her after the marriage for the want of dowry.

Advocate on the behalf of the petitioner pleaded that the process of Talaq-e-hasan under the personal law of Muslims was not followed. The Petitioner asserted that the Top court on August 17, 2017 held the practice of Triple Talaq among Muslims as unconstitutional and the notices given by her husband were violative of the same. Moreover, she claimed that The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, which was promulgated in January 12, is also in her favour.

The Supreme Court refused to entertain the Muslim woman's plea and stated that they could not go into the merit of the plea. The bench granted her liberty to approach the appropriate forum for relief.


 
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