HC dismisses plea against 'triple talaq' ordinance

The Bombay High Court on Monday dismissed a petition challenging provisions of an ordinance that makes the practice of instant triple talaq a punishable offence.

Former municipal councillor Masood Ansari, city-based NGO 'Rising Voice Foundation' and advocate Devendra Mishra had filed the petition last week.

President Ram Nath Kovind had last month signed the ordinance, according to which giving instant triple talaq has been made illegal and void, and will attract a jail term of three years for the husband.

Seeking to allay fears that the law could be misused, the government also included some safeguards in it, such as providing for bail to the accused husband.

A division bench of Justices B R Gavai and A M Dhavale said Monday that it was not inclined to entertain the petition as a similar plea was pending before the Supreme Court.

The petition claimed that the provisions of the ordinance are "illegal, null, void, unreasonable and arbitrary".

It had sought an interim stay on those sections of the ordinance which criminalise the act of pronouncing talaq by a Muslim husband.

As per the proposed law, it would only be applicable on instant triple talaq or 'talaq-e-biddat' and would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children.

A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.