Muslim Divorce Law: Supreme Court seeks report of the Committee from Centre

New Delhi: Today, i.e. on 28th March, the honourable Supreme Court of India, in connection with the issues of Women and concerned Laws, asked the Central Government to file its high level committee report on “Women and Law” before it. The Committee had undertaken the assessment of the family laws and also focused especially on the legal frame work relating to Liability, children custody, divorce, inheritance and succession.

The Apex Court’s concerned bench while directing the Central Government was further required the Government, and other parties which was found including All India Muslim Personal Law Board, that they should file their responses in six weeks. The bench was comprising of Chief Justice of India- T. S. Thakur and Justice- U. U. Lalit.

It was seen that the said directions were ordered by the court in connection with its Suo Motu motion and also a plea where the validity of the Triple- Talaq was challenged under the Muslim Personal Law.

In the Plea which was sought by the petition- Shayara Bano, she found claiming that the triple- talaq be declared by the court as illegal and also as violative of the Article 14, Article 15, Article 21 and Article 25 of the Constitution of India.

The representing additional solicitor general- Tushar Mehata for the Central Government, was asked to submit such report of the High Level Committee, which was not yet made public, within 6 weeks in the court.

In the established concept under Indian Muslim Personal law, the Talaq- e- bidat is one where a Muslim husband by pronouncing trice a ‘talaq’ in a single tuhr- the period between two menstruations, is divorcing his wife.

It was seen in the development of the case that the Court, meanwhile, asked the registry of the Apex Court to make available a copy of judicial records of a petition, in connection with the issue which was taken note of as a separate petition by the bench.   Also, earlier this month, the apex court had also sought the Centre to file its response on the plea of Shayara Bano.

Adv. Faim Khalilkhan Pathan

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