Delhi High Court seeks response from Central govt on plea to declare 'Talaq-Ul-Sunnat' unconstitutional

The Delhi High Court on Wednesday sought the response of the Central government on a review petition against the practice 'Talaq-Ul-Sunnat', the absolute discretion of a Muslim husband divorce his wife without prior notice (Reshma vs. Union of India through Ministry of Woman and Child Development, Govt. of India & Ors.)

A Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh issued notice on the plea which sought review of an earlier order dismissing the matter.

"The counsel for petitioner says that talaq-ul-sunnat is not permitted as it is not covered under Section 2(C) of the Muslim Women (Protection of Rights and Marriage) Act, 2019. Issue notice to Ministry of Women and Child Development. Also file the counter-affidavit," the Court said and listed the matter for further hearing on May 12.

During the last hearing, advocate Bajrang Vats on behalf of the petitioner, Reshma, had submitted the definition of talaq as per 2 (c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019 means only talaq-ul-biddat and not talaq-ul-sunnat.

"Any other form of talaq which is not instant has not been covered under the definition. Sunnat is not instant. It is revocable. The legal position should be made clear," he had argued.

To this, the Court pointed out that the definition clearly states 'or any other form of talaq.'

At this point, Central Government Standing Counsel Monika Arora added,

"What he is trying to say is that Talaq-ul-Sunnat isn't covered by the law. The word is instantaneous and irrevocable."

The Bench asked her whether she was conceding to the submissions made by her opposing counsel.

To this, Arora replied saying that she will file a detailed reply in the matter.

The Court issued notice and told the parties to clearly explain the attributes of 'Talaq-Ul-Sunnat' in the reply.

The plea filed by the petitioner, Reshma, through advocate Bajrang Vats has sought a declaration to the effect that the assumed absolute discretion enjoyed by a Muslim husband to divorce (talaq-ul-sunnat) his wife at any time, without assigning any reason or advance notice and without the presence of the wife is arbitrary, anti-shariat, unconstitutional, discriminatory, barbaric and illegal.

The plea prayed for detailed, step-by-step guidelines in the form of checks and balances on the issue of this assumed absolute discretion.

"Issue a declaration that the Muslim Marriage is not just a mere contract but it is a status," the plea additionally prayed.

Finally, the plea also sought directions to the government to frame appropriate laws in this regard.

The apprehension of the petitioner was that her husband would divorce her by resort to Talaq-ul-Sunnat.