Petition against Triple Talaq in HC

NC Network

A former municipal councilor, a city-based NGO and an advocate have jointly approached the Bombay High Court challenging provisions of an ordinance that makes the practice of instant triple talaq a punishable offence.

President Ram Nath Kovind  last Wednesday signed the ordinance, according to which giving instant triple talaq has been made illegal and void, and will attract a jail term of three years for the husband. Seeking  to  fears that the law could be misused, the government also included some safeguards in it, such as providing for bail to the accused husband.

"The very construction of the ordinance shows that it selectively targets men from the Muslim religion. The provisions of the ordinance are violative of fundamental rights of Muslim men.

The petition has sought an interim stay on those sections of the ordinance which criminalizes the act of pronouncing talaq by a Muslim husband.

It is likely to come up for hearing  on September 28, according to the high court's website.

The proposed law would only be applicable on instant triple talaq. A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.

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