(1.) Petitioner claims to be a practicing advocate and a social worker. As part of his social activities, he was elected as one of the Secretaries of the Muslim Association, Trivandrum, a socio cultural and educational society. It is submitted that this writ petition is filed for indulgence of this Court to resolve the practical difficulties faced by Muslim men in the matter of getting divorce. Talaq e bidaat or triple talaq was declared as unconstitutional by a Full Bench of the Hon'ble Supreme Court in Shayara Bano and Others v. Union of India & others, 2017 9 SCC 1.
(2.) After the judgment of Shayara Bano's case (cited supra), Union of India, represented by Secretary (Justice), Ministry of Law & Justice, New Delhi, 1st respondent, has brought into force the Muslim Women (Protection of Rights on Divorce) Act, 2019, and Section 2(C) declared talaq-e-bidaat illegal and void, and imposed penal provisions. It is also submitted that by the amendment of the Muslim Women (Protection of Rights on Divorce) Act, 2019, No.20 of 2019, a lot of confusion has crept in, so far the divorce by men are concerned. The life of a couple may lead to divorce due to several reasons and after estrangement of the relationship. So, the conciliation talks before period of completion of talaq often fails resulting in non-redressing the grievance of the Muslim men to get divorce.
(3.) Muslim women can get divorce on any one of the grounds mentioned under Section 2 of the Dissolution of Muslim Marriages Act, 1939. Muslim Personal Law do not discriminate the right of the husband and wife, in the matter of matrimonial affairs. So, necessary provisions have to be enacted to protect the interest of men similar to that of the women. Appropriate amendments will have to be incorporated in the Family Courts Act, 1984, for effecting divorce by talaq, in the event of failure of successive attempts of settlement. Further, this Hon'ble Court in Binu.P.A. v. Ashla N.A,2017 KHC 3567 found that "Family Court can grant divorce on the basis of 'Khula'". It is an agreement for divorce initiated at the instance of the wife.
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