Delhi High Court says practice has been declared unconstitutional by Supreme Court, and now it is up to Indian government to decide the issue
New Delhi: The Delhi High Court on Friday rejected a plea challenging the ordinance that prescribes up to three years’ jail and or fine for a man who divorces his wife through Triple Talaq or instant divorce.
A bench of Chief Justice of Delhi High Court Rajendra Menon and Justice V. Kameswar Rao said that Triple Talaq has been declared unconstitutional by the Supreme Court and now it is up to the government to decide the issue.
The court was hearing a plea filed by advocate Shahid Azad.
“The ordinance is arbitrary and unnecessary bringing a draconian, illogical, unreasonable and vague legislation through the route of ordinance shows a lack of respect for parliament and the people whose faith lies in India’s secular constitution,” the plea said.
The advocate said that the ordinance is a coloured legislation which does not achieve its objects rather it is a remedy which is in itself a disease and creates more confusion.
The Union Cabinet cleared the ordinance last week and it was promulgated by the President.