SC asks govt to provide data on cases filed under law banning triple talaq
This story was originally published at 18:22 IST on 29 January 2025
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NEW DELHI – The Supreme Court Wednesday asked the government to give data on the number of cases filed under the Muslim Women (Protection of Rights of Marriage) Act, 2019, under which the practice of instant triple talaq was made a punishable offence. The bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was hearing petitions from Samastha Kerala Jem-iyyathul Ulama, Muslim Advocates Association, and other parties challenging the constitutional validity of the 2019 Act.
"The respondent (Centre) shall file a reply with respect to the total number of cases pending under sections 3 and 4 of the Muslim Women (Protection of Rights of Marriage) Act, 2019. The other parties will also file their written submissions not exceeding 3 pages in support of their contention. Also, we need the data on the FIRs (First Information Reports) registered in the rural areas," said the top court. It renamed the case to "In Re: challenge to Muslim Women (Protection of Rights of Marriage) Amendment Act, 2019". Earlier, the case was titled as "Samastha Kerala Jem-iyyathul Ulama vs Union of India". The apex court will next hear the case in the week commencing Mar. 17.
In 2017, the apex court had struck down the practice of instant triple talaq. Also known as 'talaq-e-biddat', this practice allowed a Muslim man to instantly and legally divorce his wife by pronouncing 'talaq' three times in one go. Thereafter, the government came up with the 2019 Act which criminalised instant triple talaq. While Section 3 declares triple talaq to be void and illegal, Section 4 lays down a punishment of imprisonment of up to three years and a fine against Muslim men. End
Reported by Surya Tripathi
Edited by Tanima Banerjee
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