The Delhi high court on Friday refused to entertain a petition seeking a directive that the “triple talaq” or polygamy should not be applicable to Hindu women married to Muslim men.
Acting chief justice Gita Mittal and justice Anu Malhotra said the matter relating to triple talaq is pending before a constitutional bench of the Supreme Court and as such the high court can’t entertain the plea.
The top court will start a day-to-day hearing in the case from May 13, on a PIL filed by some Muslim women challenging the social practice of pronouncing “talaq,” the Arabic word for divorce, thrice, to annul a marriage.
The petitioner, a Delhi based advocate, argued that matter pending before the top court on triple ‘talaq’ is pertaining to Muslim women and not to Hindu women married to Muslim men.
“Irrespective of religion women are entitled to equal protection,” the bench remarked.
Advocate Vijay Kumar Shukla withdrew the plea and said he would approach the apex court.
The Public Interest Litigation (PIL) filed by Shukla had also sought directions for making registration of inter-caste marriages compulsory under the Special Marriage Act or Compulsory Registration of Marriage Act with a clause for imposition of penalty for non-registration.
The petitioner argued that since the ‘nikahnaama’ (marriage contract) is 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.
“Since there is no provision for registration of marriage under Muslim personal law, so directions for registration of marriages of Hindu women with Muslim men under the above-mentioned two laws is required to safeguard such women’s interest,” it added.