The Delhi High Court on Friday dismissed a plea seeking a direction to the Centre that triple ‘talaq’ or polygamy should not be applicable to Hindu women who are married to Muslim men.
A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra said it was not inclined to go into the issue as the Supreme Court is already seized of the triple talaq matter related to changes in the muslim personal law.
It said there is no dispute that a Constitution bench has been formed to hear the issue. So, the law laid down by it will be applicable to all women and children of the society.
The high court further noted that “all women are entitled to equal protection under the law.”
“In view of it (Supreme Court seized of the issue) we are not inclined to hear the issue. The petition is dismissed,” the bench said.
The Public Interest Litigation (PIL) by advocate Vijay Kumar Shukla had highlighted the plight of Hindu women affected by triple talaq.
It had also sought directions to the Centre for making registration of inter-caste marriages compulsory under the Special Marriage Act or Compulsory Registration of Marriage Act with a clause on imposition of penalty in case an inter-caste marriage is not registered.
A Constitution bench of the Supreme Court will be hearing from May 11 a batch of petitions challenging the practice of triple talaq and polygamy as unconstitutional and discriminatory towards women.
Muslim practices of triple talaq, nikah halala and polygamy are issues that are “very important” and involve “sentiments”, the apex court had observed.
