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Triple talaq: Supreme Court to hear Ishrat Jahan's plea on September 6

Being helpless, she moved the Supreme Court against the practice of triple talaq (talaq-e-bidat) under the Muslim Personal Law.

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Ishrat Jahan, a mother of four young children, was shocked when her Dubai-based husband telephoned her and uttered talaq thrice. She was taken aback when she got to know that her husband had remarried.

Being helpless, she moved the Supreme Court against the practice of triple talaq (talaq-e-bidat) under the Muslim Personal Law.

With Ishrat, 26, from Kolkata, three Muslim women have knocked the apex court door challenging the constitutional validity of the practice of polygamy and divorce system followed by the community saying such practice is against their fundamental rights.

On her plea, the Supreme Court sought Centre’s response and tagged with the batch of petitions pending before the court which raised the similar issue. The matter will come up for hearing on September 6.

The petitioner, Ishrat, has sought a declaration from the court that Section 2 of Muslim Personal Law (Shariat) Application Act, 1937 was unconstitutional as it violated fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (life) and 25 (religion) of the Constitution "in so far as it seeks to recognise and validate talaq-e-bidat (triple talaq) as a valid form of divorce".

"My husband and his relatives are constantly attempting to drive me out of my matrimonial home," Ishrat said, adding that her four children were also forcibly taken away from her.

She said her parents are residing in Bihar and she surviving with her sister's help.

The police are also not making any effort to trace her children," the petition said while seeking urgent directions from the court for her and her children' protection.

Earlier, three women who are victims of the system have moved the top court.

Shayara Bano from Uttarakhand was divorced by her husband through a letter and similarly, MBA graduate Afreen Rehman was divorced through a speed post letter.

On June 29, the apex court had agreed to examine the issue and said that a divorce through 'triple talaq' among the Muslim community was a "very important matter affecting a large section of people", which has to be tested on the "touchstone of the constitutional framework".

However, All India Muslim Personal Law Board and Jamiat-e-Ulema have defended triple talaq, and said it was part of Quran-dictated personal law which was beyond the ambit of judicial scrutiny.

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