New Delhi: The Supreme Court on Friday agreed to examine the challenge to the provisions in the Muslim Women (Protection of Rights on Marriage) Act, 2019, that criminalises the instant triple talaq and provides for the imprisonment of husband for divorcing wife and the retrospective applicability of the law.
Seeking the Centre’s response on multiple petitions challenging different aspects of the Act also known as triple talaq law, the bench of Jusrice N.V.Ramana and Justice Ajay Rastogi referring to child marriage and dowry asked if a practice having no sanction of law still prevails why can’t Parliament make a law to curb it. The court has issued notice both on declaring instant triple talaq a criminal offence and retrospective applicability of the law.
The court will examine can a legislation make a practice, declared void by the top court, an offence; the retrospective application of law and while considering bail plea by the husband, accused of pronouncing instant triple talaq, wife has to be heard.
