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SC refuses to consider plea of Muslim woman for custody of children

Last Updated 26 August 2016, 19:27 IST

The Supreme Court on Friday refused to pass any order for granting custody of children to a Muslim woman, who challenged the validity of triple talaq and practice of polygamy after she was divorced by her husband over a phone call from Dubai.

A three-judge bench presided over by Chief Justice of India T S Thakur asked the woman to approach the police and get a case registered if her children had been snatched away by her husband after pronouncing triple talaq.

“You file a police report or go to the Calcutta High Court with a habeas corpus petition for your children’s custody. We can’t pass the orders,” the bench also comprising Justices A M Khanwilkar and D Y Chandrachud said, issuing a notice to the Union government on her plea.

The bench tagged her petition with a similar matter pending before it and sought responses from the Centre and National Commission for Women.

Her advocate, V K Biju, submitted that the woman has sought a declaration that Section 2 of Muslim Personal Law (Shariat) Application Act, 1937,  was unconstitutional since it violated the fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (life) and 25 (religion) of the Constitution “insofar as it seeks to recognise and validate triple talaq as a valid form of divorce”.

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(Published 26 August 2016, 19:27 IST)

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