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A Writ Petition has been filed before the Supreme Court that challenges the Constitutional validity of Muslim Women ( Protection of Rights on Marriage) Ordinance, 2018 promulgated on September 19, 2018. A similar petition was filed before the Bombay High Court too.
The Muslim Women ( Protection of Rights on Marriage) Bill 2017 was passed by the Lok Sabha in December last year’s However there was no success relating to the bill and that is why the Centre had to take the ordinance route after bringing in some changes to the Bill. This petition that challenges the ordinance has been filed by Samantha Kerala JamiathulUlema, a religious organisation of Sunni Muslim scholars and clerics based in Kerala. This was filed through advocateZulfikarPS. The petition therefore demand that the order be struck down as it stands in clear violation of articles 14, 15, 21 and 123 of the Constitution of India. The petition further question the intention behind the ordinance asserting that it has not been passed with the hope of abolishing triple talaaq. It was for punishing muslim husbands. Ask, there were penal provisions introduced without taking the assessment of the practice into account. Some isolated practices do not imply for a penal provision to be passed. The petition finally warns that the ordinance leads to polarisation and disharmony in the society.
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