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  • In a case titled Reshma vs. Union of India through the Ministry of Women and Child Development, GOI and ors., the Dlehi HC has sought a response of the Central Government seeking to declare talaq-ul-sunnat as unconstitutional owing to the arbitrary power of the muslim husband to divorce his wife at any time without any reason or advance notice. This was contested due to it being arbitrary, anti-shariat and unconstitutional.
  • A bench of Justices Vipin Sanghi and Jasmeet Singh has granted an eight-weeks time to the government for filing a response to the same.
  • The petition was filed by a 28 year old woman who had a 9 month old baby, who was deserted by her husband by pronouncing triple talaq.
  • The original petition sought the issuance of detailed guidelines in the form of checks and balances regarding divorce in the sunnat form (ehsan and hasan). However, the said petition was rejected by the Court in September, 2021. Later, the petitioner had sought a review of the same.
  • The review petition sought a clarification as to whether talaq-ul-sunnat also fell with the category of talaq as is defined in section 2(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019 which was passed to criminalise instant triple talaq.
  • Counsel for the Centre has submitted that while instant triple talaq was declared unconstitutional and illegal, the other forms of talaq were not specifically mentioned in the aforementioned Act. The counsel also submitted that though triple talaq had been declared illegal, however, if the husband pronounces talaq three times during the course of three months, it has not been declared illegal.
  • While recalling its previous order, the Court said that their attention has now been drawn to the fact that talaq-ul-sunnat has not been covered under section 2(c) of the aforementioned Act. This matter, therefore, requires consideration.
  • The matter has now been called on for hearing on May 2.

And now, a question for our aspirants-
Instant triple talaq has been declared as unconstitutional in the case of ____________ .

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