The Bench of Justices N. V. Ramana, Indira Banerjee and Ajay Rastogi of the Supreme Court on Friday issued a notice in another petition challenging the constitutional validity of the law criminalizing Triple Talaq.
Last month, the Court had issued notice in three petitions, filed by Samastha Kerala Jamiathul Ulema, Jamiat Ulama-i-Hind and Amir Rashadi Madni, challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019. It is noteworthy that Section 3 of the Act prescribes imprisonment of a Muslim husband for a term which may extend to three years and fine, in the event of pronouncement of Triple Talaq.
The instant petition, filed by the Muslim Advocates Association from Andhra Pradesh through Advocate Sureshan P., and the aforesaid three petitions, contest the penal legislation on the touchstone of Articles 14, 15, 21 and 25 of the Constitution.
The Petitioner has thus prayed for striking down the Act as being unconstitutional and has sought a stay on the operation of the Act in the interim.