[dropcap]T[/dropcap]HE Supreme Court today agreed to hear a petition filed by a Muslim woman challenging two talaq notices given to her by her husband in violation of the Supreme Court’s Triple Talaq judgement.
A two-judge vacation bench of Justices Indira Banerjee and Sanjiv Khanna agreed to hear the plea on Friday, May 17, 2019 after the woman’s counsel mentioned it for urgent hearing. The woman has also sought the court’s direction for the registration of an FIR against her husband.
The petitioner, a 32-year old mother of two children, Ruby Mansoori, had approached the court to declare the instant talaq given by her husband illegal and against the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019.
On April 22, 2017, a five-judge bench of Supreme Court held instant Triple Talaq unconstitutional and struck it down by 3:2 majority. The then Chief Justice of India J S Khehar writing a minority judgment for himself and Justice S Abdul Nazeer had asked the Central Government to consider appropriate legislation, particularly with reference to ‘talaq-e-biddat’ and issued an injunction on the practice of Triple Talaq for six months.
On January 12, 2019, the President of India re-promulgated the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019.