New triple talaq hearing Friday

The Supreme Court on Tuesday decided to hear yet another writ petition on Friday filed by a Muslim woman challenging the triple talaq form of divorce resorted to by her husband.

A bench of Justices Anil R. Dave and L. Nageswara Rao posted the petition filed by Ishrat Jahan of Howrah, West Bengal, on a mention made by the counsel, V.K. Biju, for early listing. A batch of petitions is being heard by a bench headed by the CJI T.S. Thakur and notices have already been issued to the All India Muslim Personal Law Board and others.

In the present writ petition, Ms Jahan prayed for a direction against the Union of India and others for a declaration that the practices of talaq-e-bidat (unilateral triple talaq), nikah halala and polygamy under Muslim personal laws are illegal and unconstitutional for being violative of Articles 14, 15, 21 and 25 of the Constitution.

She sought a further direction to declare the talaq pronounced by her husband, Murtuza Ansari, against her as void ab initio for being illegal, unconstitutional, and violative of Articles 14, 15, 21 and 25 of the Constitution and to pass such further orders as this court may deem appropriate to provide a life of dignity to Muslim women.

Contending that the whereabouts of her children are not known, she sought an interim direction to the West Bengal police to find out the whereabouts of her three daughters and a son, namely, Shaista Khatoon, Kahkasha Khatoon and Bushra Khatoon and Mohammad Zaid Afzal respectively. She sought a direction to grant her protection from any attack by her husband or his relatives and to grant maintenance for her and her children.