New Delhi, Aug 2: Criminalization of Triple Talaq under Sections 4 & 7 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 has been challenged by Advocate in Delhi High Court.Advocate Shahid Ali submitted through his petition that since Triple Talaq has been declared as void, the act of its pronouncement cannot be construed to be a criminal offence or even as a simple wrong or a civil wrong. Petitioner has sought a declaration from the court that Sections 4 & 7 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 are in violation of Articles 14, 15, 21 & 25(2) of the Constitution of India so liable to be set aside.
He has submitted in his petition that the intentions of Central Government are "malafide and ultra vires" the Constitution of India as well as the judgement of Supreme Court declaring instantaneous and irrevocable divorce pronounced by a Muslim Husband as void and illegal. He has asserted that criminalizing Triple Talaq violates the fundamental rights of citizens of India, principles of natural justice and the Directive Principles of State Policy.
According to him the absence of any measures for reconciliation before making the Triple Talaq punishable is contrary to the Holy Quran.UNI