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A division bench of Justices Vipin Sanghi and Jasmeet Singh of the Delhi High Court has dismissed a writ petition seeking the issuance of a declaration that the practice of "talaq-ul-sunnat", wherein absolute discretion is enjoyed by a Muslim husband to give divorce to his wife at any time without any reason and without advance notice to her, even in her absence, as anti-shariat and illegal.

The court dismissed the petition stating that the plea was completely "misconceived in light of the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and in particular Section 3 thereof, which reads as follows:
“3. Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.”

Inter alia the plea also sought issuance of detailed step by step guidelines in the form of checks and balances on the practice of "talaq-ul-sunnat" and a "declaration that the Muslim marriage is not a mere contract but a status."

Refusing to entertain the petition, the court said that it does "not find any merit in this petition since the Parliament has already intervened and enacted the aforesaid enactment/ Act."

It said that therefore the "apprehension of the petitioner is the respondent husband would 
divorce her by resort to Talaq-ul-Sunnat" was already dealt with in law.

The court further rejected the counsel's reliance on the text of Mohammedan Law by D.R. Verma 13th Edition 2018, stating that the same "predates the enactment of the Muslim Women (Protection of Rights on Marriage) 
Act, 2019. Reliance on same is, therefore, not appropriate."

Case Title: Reshma v UOI through Ministry of Women and Child Development, GOI & Ors.