Petition filed in Bombay HC challenging Triple Talaq Ordinance

Petition filed in Bombay HC challenging Triple Talaq Ordinance
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Mumbai: A petition challenging the validity of The Muslim Women (Protection of Rights on Marriage) Ordinance has been filed in the Bombay High Court. The ordinance seeks to criminalize the practice of Triple Talaq.

The petition which has been filed by Masood Ansari and four others, claims that the provisions making the practice of instant Triple Talaq a criminal offence are “illegal, null, void, unreasonable and arbitrary”.

As reported by Bar and Bench, the petition stated that the President’s power to promulgate ordinances under Article 123(1) was misused in this case, as there were no circumstances that made it necessary for him to take immediate action.

Claiming that the Ordinance is violative of Articles 14 and 25 of the Constitution, the petition further states that as it selectively targets husbands belonging to the Muslim religion; hence it will have an adverse impact across India on Muslim husbands only. Claiming them to be unconstitutional, the petition demanded setting aside of Sections 4 and 7 of the Ordinance.

Lawyer Tanveer Nizam will be appearing for the petitioners. The matter will be heard by Bombay High Court on October 1.

It must be noted that when the government could not pass The Muslim Women (Protection of Rights on Marriage) Bill 2017 in December last year, the Centre passed the ordinance criminalizing triple talaq.