The Supreme Court on Friday agreed to hear a fresh plea challenging the validity of a newly enacted law which makes the practice of instant divorce through ‘triple talaq’ among Muslims a punishable offence entailing imprisonment of up to three years.
A bench headed by Justice N V Ramana issued notice to the Centre and sought its response on the plea filed by an association which has challenged the validity of The Muslim Women (Protection of Rights on Marriage) Act, 2019.
The bench, also comprising Justice Indira Banerjee and Justice Ajay Rastogi, ordered that the petition be tagged with similar pleas which are already pending in the apex court.
Earlier, the top court had issued notice to the Centre on a batch of petitions which has sought to declare The Muslim Women (Protection of Rights on Marriage) Act, 2019, “unconstitutional” on grounds that it allegedly violates provisions of the Constitution.
Three petitions were earlier filed in top court challenging the validity of the law.
The new law makes ‘talaq-e-biddat’ or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal. The law makes it illegal to pronounce talaq three times — spoken, written or through SMS or WhatsApp or any other electronic chat — in one sitting.
“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,” the law says.