Plea seeking quashing of Sec 4, 7 of Triple Talaq law withdrawn from Delhi high court

Triple Talaq: Petitioner Shahid Ali decided to withdraw the PIL from the Delhi high court and said he will approach the Supreme Court soon

New Delhi: A PIL seeking quashing of Section 4 and 7 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, was on Friday withdrawn by the petitioner after Delhi high court granted him liberty to approach the Supreme Court as similar petitions are already being heard in the apex court.

Division Bench of Chief Justice DN Patel and Justice C Harishankar clearly stated that the petition is maintainable and it is up to the petitioner to continue the matter here or approach the Supreme Court as several similar matters are already seized in the top court. Petitioner Shahid Ali then decided to withdraw the PIL from the Delhi high court and speaking to ANI said he will approach the Supreme Court soon.

The plea sought quashing/setting aside of Section 4 and 7 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, which makes pronouncement of Triple Talaq a criminal offence punishable with imprisonment for a term which may extend to three years and with fine under Section 4 of the Act.

Ali, a social activist, in his petition stated that though the Supreme Court had limited its judgment up to the declaration of triple divorce as unconstitutional and invalid, however, the government went many steps further and not only declared the pronouncement of Triple Talaq as void and illegal but also has made the same a criminal offence without making any arrangement in the said Act for reconciliation between the Muslim husband pronouncing the Triple Talaq and his wife.

The mere fact of not providing any measure for reconciliation between the husband and his wife is ultra vires to own statement of objects and reasons attached with the Act, and is also violative of the order of the Supreme Court, the plea states.