A petition before the Delhi High Court on Monday alleged that that the new legislation which makes instant triple talaq a punishable offence is a violation of the fundamental rights of Muslim husbands.
The petition by Advocate Shahid Ali, which came up before a bench of Chief Justice D N Patel and Justice C Hari Shankar, said the legislation criminalising the practice of instant triple talaq and making it a non-bailable offence punishable with three years of imprisonment would shut down all room for compromise between the husband and wife.
The plea argued that since instant triple talaq has been declared void by the Supreme Court, the act of its pronouncement cannot be construed to be a criminal offence or even as a simple wrong or a civil wrong. Ali said the Act is violative of Articles 14, 15 and 21 of the Constitution and is liable to be struck down.
The court, after hearing contention of the counsel, listed the matter for further hearing on October 18.
A similar challenge is pending consideration before the Supreme Court where a Kerala-based Muslim organisation has alleged that The Muslim Women (Protection of Rights on Marriage) Act, 2019 violates fundamental rights of Muslim husbands.
Both the petitions were filed a day after President Ram Nath Kovind gave assent to the new legislation.