October 16, 2020 4:25:39 am
WHILE DECLINING to go an interim order in an software in search of route that no FIR be registered for pronouncement of triple talaq by a husband on his spouse, the Delhi Excessive Court docket has stated that the supply of the 2019 legislation criminalising the act is geared toward discouraging “the age-old and conventional follow” of pronouncement of talaq.
Whereas issuing discover to the Centre in the primary case difficult the supply, the Excessive Court docket has adjourned the matter sine die.
“The aim of Part Four seems to be to supply a deterrent towards such follow. Merely as a result of triple talaq has been declared to be void and unlawful doesn’t imply the legislature couldn’t have made the continuation of such follow an offence. That is our prima facie view,” the division bench of Justices Vipin Sanghi and Rajnish Bhatnagar stated in an order.
The court docket was listening to a case in search of instructions that each one FIRs registered beneath Part Four of Muslim Ladies (Safety of Rights on Marriage) Act, 2019, in police stations throughout the territory of Delhi—pending on the stage of investigation, inquiry or trial—be stayed.
The applying additionally sought a route to restrain the police from registering FIR throughout pendency of the case towards Part Four of the Act.
The availability offers for imprisonment of as much as three for procurement of talaq “by phrases, both spoken or written or in digital type or in another method in anyway”.
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