The Supreme Court on Thursday agreed to hear a petition filed by a Muslim woman challenging two talaq (divorce) notices issued by her husband. The court said it will hear the matter on Friday, PTI reported.
Advocate MM Kashyap, appearing for the woman, said she has been married for nine years. The complainant’s lawyer said her husband issued her two notices for divorce, on March 25 and May 7. The plea added that the woman’s husband and in-laws began to harass and assault her soon after marriage for additional dowry and a car. Finally, they threw her out of the house on May 19, she told ANI.
“I request the court to give me justice,” the complainant told the news agency. “The talaq that was given by my husband is illegal. I should be allowed to stay back with him. Where will I go with my kids?”
The woman is a resident of Delhi. The bench, comprising Justices Indira Banerjee and Sanjeev Khanna, asked Kashyap why the complainant had not approached the Delhi High Court. Kashyap said the Supreme Court had in 2017 held the practice of triple talaq among Muslims as unconstitutional, and the notices given by her husband violate that order. Kashyap told ANI the petition asks the court to cancel the divorce notice.
The plea said The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, which was promulgated in January, is also in the complainant’s favour. It asked the court to order the police to file a first information report against the woman’s husband.