Plea to exempt Hindu women married to Muslim men from Triple talaq

Plea to exempt Hindu women married to Muslim men from Triple talaq

By: || Updated: 21 Apr 2017 01:39 PM

Photo: Representational

New Delhi: A plea was filed in Delhi High Court on Friday seeking to direct the central government to ensure that triple talaq is not applicable in the case of Hindu women married to Muslim men.

The Delhi High Court on Friday refused to entertain the plea and said "Irrespective of religion, women are entitled to equal treatment".

The Public Interest Litigation (PIL) also sought directions to make 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 was not registered.
The Muslim cleric should explain the provisions of the 'nikahnaama' pertaining to summary divorce and polygamy to the Hindu women in their mother tongue, said the plea.

The petitioner said that since the 'nikahnaama' (marriage contract) was written in Urdu, Hindu women fail to understand provisions related to triple talaq or polygamy.

Acting Chief Justice Gita Mittal and Justice Anu Malhotra while refuting the plea said the “matter relating to triple talaq was pending before a Constitutional bench of the Supreme Court. So the High Court cannot entertain it”.

Responding to the Chief Justice, the petitioner told that the matter was pending before the Supreme Court related to Muslim women and not Hindu women married to Muslim men.

The bench then said that women irrespective of religion deserve equal treatment.

After HC bench declined the plea, advocate Vijay Kumar Shukla withdrew the PIL and said he would approach the Supreme Court.

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