HC nixes triple talaq plea, says women entitled to equality

National | April 21, 2017, 7:52 a.m.

New Delhi: The Delhi High Court on Friday refused to entertain a plea to direct the government to ensure that triple talaq must not be applicable to Hindus married to Muslim men.

"Irrespective of religion, women are entitled to equal treatment," the court said.

Acting Chief Justice Gita Mittal and Justice Anu Malhotra said the matter relating to triple talaq was pending before a Constitutional bench of the Supreme Court. So the High Court could not entertain it.

The petitioner told the bench that the matter 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.

As the bench refused to hear the plea, advocate Vijay Kumar Shukla withdrew the PIL and said he would approach the apex court.

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

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.


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