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2020 Supreme(Ker) 655

S.MANIKUMAR, SHAJI P.CHALY
Thoufeek Ahamed – Appellant
Versus
Union of India Rep. by Secretary, Ministry of Law and Justice, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Respondents: Sri. P. Vijayakumar, Sri. Aravind Kumar Babu.

JUDGMENT :

S. MANIKUMAR, J.

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 vs. Union of India and 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 and 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 r

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