The Supreme Court on Monday issued discover to involved respondents on the plea filed by cricketer Mohammad Shami’s spouse searching for to border pointers for “gender-neutral religion-neutral uniform grounds of divorce and uniform process of divorce for all”.
A bench headed by Justice DY Chandrachud tagged the plea with different related petitions elevating widespread points.
The plea has been filed by advocate Deepak Prakash. The petitioner stated that she is aggrieved by the unilateral type of extra-judicial Talaq, Talaq-Ul-Hasan, and has acquired a discover of first pronouncement of divorce below Talaq-Ul-Hasan dated July 23, 2022, issued by Mohammad Shami, husband of the Petitioner. Upon receiving such discover, the Petitioner contacted her close to and expensive ones, who additionally put forth their related grievances, whereby their husbands had unilaterally divorced them, at their very own whims and fancies.
Thus, the petitioner has approached the court docket searching for adjudication of bigger points associated to “Talaq-E-Hasan and all different types of Unilateral Extra-Judicial Talaq” that are nonetheless prevalent and in power below the Muslim Personal Laws (Shariat), by the use of The Muslim Personal Law (Shariat) Application Act, 1937.
The Petitioner stated that she is an aggrieved spouse, subjected to the abuse of the draconian practices being adopted below the Muslim Personal Laws (Shariat), whereby, besides Talaq-e Biddat, there exist quite a few different types of unilateral Divorce, generally known as Talaq, which give unfettered powers over the Muslim man, to divorce a Muslim lady, in a whimsical and capricious method, with out affording any proper of reconciliation or being heard in any method, to the Muslim girls, being discriminatory on the premise of intercourse and gender, thereby violating the fundamental Fundamental Rights of the ladies, assured below Article 14,15 and 21 within the Constitution of India, 1950.
Notably, such types of Talaq embody one Talaq-E-Hassan also referred to as Talaq-Ul-Hassan, which is being grossly abused by Muslim males, as by the use of this type of Talaq, the Muslim man has the unilateral extra-judicial type of energy to make three pronouncements of talaq, unfold over a interval of three consecutive months, finishing which, the wedding shall stand dissolved, with out listening to the Muslim girls, the plea stated.
Therefore, the petitioner has sought to border pointers for “gender-neutral religion-neutral uniform grounds of divorce and uniform process of divorce for all”. The petitioner additionally sought to declare the observe of “Talaq-E-Hasan and all different types of unilateral extra-judicial talaq” void and unconstitutional for being arbitrary, irrational and violative of Articles 14, 15, 21, 25.
The petition additionally sought to declare that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 is void and unconstitutional for being violative of Articles 14, 15, 21, 25, in as far as it validates the observe of “Talaq-E-Hasan and different types of unilateral extra-judicial talaq”.
The petition additionally sought to declare the Dissolution of Muslim Marriages Act, 1939, void and unconstitutional for being violative of Articles 14, 15, 21, 25 in as far as it fails to safe for Muslim girls the safety from “Talaq-E-Hasan and different types of unilateral extra-judicial talaq”.
(Except for the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)