New Delhi : With the Supreme Court set to hear petitioner Ishrat Jahan challenging the constitutional validity of the triple talaq system, senior advocate R.K. Kapoor said Friday that if the fundamental rights of any Indian citizen is violated, irrespective of gender, then he or she can knock at the door of the Supreme Court under Article 32 of the Constitution. In her petition, Jahan has raised the question whether an arbitrary and unilateral divorce through triple talaq can deprive the wife of her rights in the matrimonial home as also her claim to custody of her children. Kapoor told ANI that this issue of delivering triple talaq on mobile phone has risen recently and the matter has been presented before the Supreme Court.
The apex court agreed to hear on Friday the writ petition filed by Ishrat Jahan from Howrah through advocate V K Biju, who mentioned it before a bench comprising of Justices A R Dave and L Nageswara Rao. Ishrat Jahan has four kids aged between seven and 12 years, who were forcibly taken away from her and now she does not know their whereabouts.
In her petition, she sought a declaration from the court that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was unconstitutional, as it violated fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (life) and 25 (religion) of the Constitution. On July 29, the Supreme Court had favoured a wider debate on the petitions challenging the validity of the triple talaq. Earlier, the All India Muslim Personal Law Board and the Jamiat-e-Ulema had defended the practice of triple talaq, saying it was part of the Quran-dictated personal law which was beyond the ambit of judicial scrutiny.