HC dismisses plea to stop triple talaq on Hindu women married to Muslim men

The petition moved in the Delhi high court said triple ‘talaq’ or polygamy should not be applicable to Hindu women who are married to Muslim men


The PIL, moved in he Delhi high court, said that Hindu women fail to understand provisions related to triple talaq as ‘nikahnaama’ (marriage contract) is written in Urdu. Photo: Mint
The PIL, moved in he Delhi high court, said that Hindu women fail to understand provisions related to triple talaq as ‘nikahnaama’ (marriage contract) is written in Urdu. Photo: Mint

New Delhi: The Delhi high court on Friday dismissed a plea seeking to stop the practice of triple talaq on Hindu women married to Muslim men.

The high court said the Supreme Court is already seized with the triple talaq issue and the law laid down by it will be applicable to all.

All women are entitled to equal protection under the law, said Delhi HC.

The plea sought direction to the Centre that triple ‘talaq’ or polygamy should not be applicable to Hindu women married to Muslim men.

The Public Interest Litigation (PIL) by advocate Vijay Shukla sought directions to the Centre for making registration of inter-caste marriages compulsory under the Special Marriage Act or Compulsory Registration of Marriage Act with a clause on imposition of penalty in case an inter-caste marriage is not registered.

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The PIL said that since the nikahnaama (marriage contract) is written in Urdu, Hindu women fail to understand provisions related to triple ‘talaq’ or polygamy. The Muslim cleric should explain the provisions of the ‘nikahnaama’ pertaining to summary divorce and polygamy to the Hindu women in their mother tongue, the petitioner urged the court. The petition said that triple ‘talaq’ or polygamy should not be applicable to Hindu women who are married to Muslim men.

The petitioner said that since there is no provision of registration of marriage in Muslim law, therefore, time has now come for a direction to the government of India to make registration of Inter-caste marriages compulsory either in Special Marriage Act or in Compulsory Registration of Marriages Act.

The PIL said the issue is serious and of public importance as the plight of many Hindu girls married to Muslim boys is involved, due to the danger of triple talaq by their Muslim husbands or of another marriage by the men.

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