SC seeks details of FIRs, charge sheets against men for divorcing wives through triple talaq

Supreme Court

The Supreme Court on Wednesday asked the Centre to provide the details of the number of FIRs and chargesheets filed against men for pronouncing instant triple talaq to divorce spouses in violation of the 1991 Muslim Women (Protection of Rights in Marriage) Act.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, hearing as many as 12 petitions challenging the constitutionality of the 1991 law, also asked the Centre and other parties to file their written submissions to the pleas.

The bench fixed the petitions for final hearing in the week commencing March 17.

Samastha Kerala Jamiathul Ulema, a Kozhikode-based Muslim organisation, is the lead petitioner in the case.

“The respondent (Centre) shall file the total number of FIRs and charge sheets pending under section 3 and 4 of the Muslim Women (Protection of Rights of Marriage) Act 2019. The parties also file written submissions not exceeding three pages in support of their contention,” the bench said.

Instant 'triple talaq', also known as 'talaq-e-biddat', is an instant divorce whereby a Muslim man can legally divorce his wife by pronouncing 'talaq' three times in one go.

Under the law, instant 'triple talaq' has been declared as illegal and void and will attract a jail term of three years for the husband.

In a landmark verdict, the apex court on August 22, 2017 had put the curtains down on a 1,400 year old practice of 'triple talaq' among Muslims and set it aside on several grounds, including that it was against the basic tenets of Quran and violated the Islamic law Shariat.