Petition filed in Supreme Court challenging Triple Talaq Ordinance

New Delhi: Samastha Kerala Jam’eyyath ul-Ulama, a religious organisation of the Sunni Muslim scholars and clerics based in Kerala has filed a petition in the Supreme Court challenging the validity of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 (‘ordinance’) which seeks to criminalize the practice of Triple Talaq.

The petitioner sought striking down of the Triple Talaq ordinance claiming that it violates Articles 14, 15 and 21. It is further contended that the ordinance was promulgated by a misuse of Article 123 of the Constitution.

As reported by Bar and Bench the petition argued that after the Supreme Court’s declaration that instantaneous triple talaq is unconstitutional last year, there was no need for a separate ordinance criminalising the now inconsequential phrase. The petition has questioned the motive of the Central Government.

The petitioner goes on to contend that the real intent behind the ordinance is to punish Muslim husbands, rather than protect Muslim women.