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

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

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

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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