Rajendra Menon, J.

1. Challenge in this petition under Article 226 of the Constitution of India is made to the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 and a mandamus is sought to declare the entire ordinance as ultra vires the Constitution. The petitioner claiming to be a practicing advocate has approached this Court to challenge the ordinance in question on the ground that it adversely affects his fundamental rights besides affecting the rights of citizens of this country, the ordinance runs contrary to the shared belief, practice and tradition of Islam, is discriminatory in nature and, therefore, should be declared as ultra vires.

2. It is the case of the petitioner that the Supreme Court in the case of Shayara Bano vs. Union of India & Ors., (2017) 9 SCC 1 declared the practice of instant triple talaq to be unconstitutional. Thereafter on 28th December, 2017 Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017. On 9th August, 2018 amendments to the Bill was circulated in the Rajya Sabha and on 10th August, 2018, the Chairman, Rajya Sabha declared that the Bill could not be presented due to lack of consensus and thereafte