A Muslim woman has reached the High Court against Talaq-ul-Sunnat

New Delhi: The Delhi High Court has requested the central government to respond by notifying the central government in case of unreasonable talaq (talaq-ul-Sunnat) by a Muslim man to his wife at any time. The Center has 8 weeks to respond to the notice. The opinion was issued by a bench consisting of Justice Vipin Sanghi and Justice Jasmeet Singh. The request was filed by a 28-year-old Muslim girl, mother of a 9-month-old baby. According to media reports, the Muslim woman who filed the petition called Talaq-ul-Sunnat an arbitrary, unconstitutional and barbaric custom. The woman’s husband had left her in August 2021 giving her the triple talaq.

The woman’s lawyer, Bajrang Vats, who filed the petition, defended her in court. He asked the court to issue detailed divorce guidelines or laws as checks and balances by the Divorce-ul-Sunnat. He also demanded that Muslim marriage be declared as a status, not just a contract. Lawyer Monica Arora has taken a stand on the case on behalf of the central government. She informed the court on Wednesday January 12 that the law enacted by the central government in 2019 covers triple talaq. However, other forms of divorce were not added to it.

In September 2021, a bench of Judge Rekha Palli granted the request to hear as a PIL. The petition was rejected in September last year. The plea was dismissed as pre-interference by Parliament in the case. Later, there was a request for reconsideration. The next hearing in the case was released on May 2.

What is the Talaq-ul-Sunnat?

“Talaq-ul-Sunnat” refers to a Muslim man’s monopoly to divorce his wife at any time without reason. However, this does not apply immediately. It is also known as recoverable divorce. The possibility of a contract between husband and wife in this form of divorce remains in the future. It is therefore considered different from triple talaq. It is believed by people of Shia and Sunni sects.

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