New Delhi: The Supreme Court on Thursday agreed to hear a plea filed by a Muslim woman against the talaq (divorce) given by her husband by sending triple talaq notices. Instant triple talaq was declared unconstitutional by the apex court in its judgment dated 17 August, 2017 in the case of Shayara Bano Vs Union of India & Ors.
The woman, a resident of Delhi, in her petition has alleged and provided copies of the three notices sent to her by her husband, snapping marital ties and divorcing her.
The Supreme Court bench comprising Justices Indira Banerjee and Sanjeev Khanna agreed to hear the case Friday.
The petition filed by Advocate M.M Kashyap, on behalf of the woman, states that she was tortured and harassed by her husband and in-laws throughout the 10 years of marriage but she stayed put due to the two minor children from the marriage. The woman has alleged that she was brutally beaten up by her husband demanding dowry and was later ousted from the house along with her children on 16 March.
In her petition, she has sought for the talaq notices sent by her husband to be held void in accordance with the Shayara Bano judgement and Triple Talaq ordinances. She has also sought an FIR against her husband and in-laws as per the provisions of Muslim Women (Protection of Rights on Marriage) ordinance –II 2019.
In August 2017, the Supreme Court had declared Triple Talaq unconstitutional. In a 3-2 majority verdict, the top court struck down the age-old practice under which a Muslim man could divorce his wife by uttering the word “talaq" thrice.