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Muslim women organisation moves Supreme Court supporting triple talaq

The Muslim Women’s Welfare Organisation, a Delhi-based organisation, filed the plea through advocate, M R Shamshad, saying so far as the divorce is concerned the Muslim women have equal right the way men have.

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At a time when the Centre has yet to make its stand clear before the Supreme Court on the practice of triple talaq, a voluntary organisation -- Muslim Women Welfare Organisation – on Tuesday filed a plea supporting the age-old practice.

The Muslim Women’s Welfare Organisation, a Delhi-based organisation, filed the plea through advocate, M R Shamshad, saying so far as the divorce is concerned the Muslim women have equal right the way men have.

Concurring the stand taken by the All India Muslim Personal Law Board (AIMPLB), it said that with regard to divorce, the Muslim women have much stronger rights than Muslim men which is called ‘Khula’.

“The right of Muslim men to Triple Talaq is a balancing act to the right of Muslim women to Khula. If the Triple Talaq is struck down, it would affect the free will of Muslim women as well”. For polygamy, it said a woman can seek divorce under the Dissolution of Muslim Marriages Act.

Three women have already moved SC against triple talaq saying the practice is discriminatory and violates their fundamental rights.

Referring to the Dissolution of Muslim Marriages Act, the women’s organisation said so as far as practice of polygamy is concerned, Section 2 (viii) of the Act sufficient.

A woman can make polygamy as a ground of divorce if husband does not treat her equitably in accordance with the injunctions of the Quran. 

“Thus, it is inappropriate to say that Muslim women are meted out with cruelty when their husbands bring second wife and they are left without any remedy. Further, the rights of Muslim women are protected by virtue of Muslim Women (Protection of Rights on Divorce) Act.

Earlier, the apex court had sought a reply from the government on the issue. The court is likely to hear the case some time next week.

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