HIGH COURT OF KERALA
ADV.THOUFEEK AHAMED – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT
Dated this the 17th day of September, 2020 Manikumar, CJ 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 ofShayara 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
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