New Delhi: The Supreme Court refused Wednesday to entertain a Muslim woman’s plea challenging two notices of ‘talaq’ given by her husband. The apex court said it cannot entertain a writ petition on the issue.
A bench of Justices R Banumathi and AS Bopana disposed of the plea stating that it is not a court where talaq notices could be challenged. The bench granted her liberty to move an appropriate forum for relief.
Advocate M M Kashyap, appearing for the woman said the process of Talaq-e-hasan under the personal law was not followed. The bench said it cannot go into the merits of the plea and the petitioner should approach the appropriate forum.
The woman, who claimed to have been married to the man for nine years, has also sought registration of FIR against the husband for giving her the notices – the first March 25 and the second May 7.
The plea said the woman got married on February 22, 2009 as per Muslim rules and customs and has two children of nine years (boy) and six years (girl) age. She contended that the apex court had August 17, 2017 held the practice of triple talaq among Muslims as unconstitutional and the notices given by the husband were ‘violative’ of that order.
The woman, a Delhi resident in her plea has said that her husband and in-laws started harassing and assaulting her after the marriage for want of additional dowry and a car.
She said the the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, which was promulgated in January 12, is in her favour.
PTI