A new angle has emerged in the heated debate on Triple talaq. On Friday, Delhi High Court rejected to hear the plea of Hindu women married to Muslim men about Triple Talaq or polygamy. The court is of the view that the matter of triple talaq is already pending in the apex court and hence Delhi HC cannot hold a discussion over it.
Acting Chief Justice, Gita Mittal and justice Anu Malhotra passed their judgment on the matter. The issue came into existence after a Delhi-based advocate petitioned that the ongoing triple talaq case in the Supreme Court pertains to Muslim women only and not to Hindu women married to Muslim men.
“Irrespective of religion women are entitled to equal protection,” the bench remarked.
After HC’s rejection, Vijay Kumar Shukla, who had petitioned for Hindu women said that he would now move to the Supreme Court regarding his plea.
Apart from the matters of triple talaq and polygamy, the PIL filed by Shukla also had other concerning issues like registration of inter-caste marriages to be made compulsory under the Special Marriage Act or Compulsory Registration of Marriage Act with a clause for an imposition of penalty a for non-registration.
He reasoned that as the ‘nikahnaama’ (marriage contract) is written in Urdu, Hindu women may not be able to understand various provisions related to triple talaq or polygamy in the contract. Shukla is of the opinion that the Muslim clerics should explain Hindu women about the various provisions in nikaahnama in their own language.
“Since there is no provision for registration of marriage under Muslim personal law, so the directions for registration of marriages of Hindu women with Muslim men under the above-mentioned two laws is required to safeguard such women’s interest,” the PIL added.
The top court, from May 11, will start hearing pleas for Muslim women every day, until May 19, in order to finally come to a judgement on Triple Talaq.
While various Muslim women’s groups have signed against Triple Talaq, it is because of All India Muslim Personal Law Board’s strict support to the practice that it is facing difficulties in getting abolished.
Picture credit- NDTV