Protection of Rights on Marriage) Act, 2019 declares the
practice of triple talaq as popularly known, to be void and illegal. The said
provisions reads ... pronouncement of talaq by a Muslim husband upon
his wife, by words, either spoken or written or in electronic form or in any
other manner
respondent No. 2 made a Complaint dated 24.12.2020 of Triple
Talaq against the petitioner and the same was converted into an FIR bearing
No. 0175 ... pending before the
learned Trial Court Delhi.
6. The petitioner also served Talaq-e-Hasan, a valid form of divorce as
per Muslim laws, vide
said settlement, the parties have jointly agreed that they shall take talaq as
per the Muslim Law. Petitioner no. 2 pronounced Talaq to respondent ... first talaq being on 08.08.2021, second talaq on 09.09.2021 and third
talaq on 22.03.2024 and respondent no. 2 had accepted the same.
5. Learned counsel
first party.
2. That the second party no.1 shall pronounce talaq to the
first party as per Muslim Law by saying that "Main ... Mudassir Aaj Tumhe Gulshan Khatun Ko First Talaq Deta
Hoon". The second party No.1 pronounced the first talaq
today
mutual
consent in terms of settlement as per the provisions of Talaq-E-Hasan
as provided under Muslim Personal Law Divorce Deed/Third Talaq
Nama ... will be paid at
the time of taking first talaq and withdrawal of the DV Complaint
under section
between the parties, learned counsel for
the petitioners has handed-up 03 Talaq Namas dated 08.11.2024,
23.12.2024 and 28.02.2025 whereby, petitioner No.1 has pronounced ... talaq to respondent No.2.
8. Counsel has also handed-up documents pertaining to receipts of the
talaq so pronounced.
9. The documents handed
petitioner and respondent No. 2
accept that their nikah stands dissolved by talaq, in accordance with
Muslim traditions and as permissible ... Bano vs. Union of India & Ors. : (2017) 9 SCC 1
is talaq-e-biddat, namely instantaneous talaq; however, neither
Shayara Bano (supra
defendant no.1, accusing the plaintiff to have given 'Triple
Talaq' to the defendant no.2 (hereinafter reffered to as
'impugned article ... belongs to Shia sect of Muslims, which does not recognize
'Triple Talaq'. He submits that the plaintiff has not given 'Triple
Talaq
Sections 3 & 4 of the Act read as under :
3. Talaq to be void and illegal.--Any pronouncement of
talaq by a Muslim husband ... other manner whatsoever,
shall be void and illegal.
4. Punishment for pronouncing talaq.--Any Muslim
husband who pronounces talaq referred to in Section 3 upon
shall be paid at the
time of pronouncement/issuance of first Talaq Notice by way of
demand draft/NEFT in the name of respondent ... shall be paid at the
time of pronouncement/issuance of second Talaq Notice by way of
demand draft/NEFT in the name of respondent
