Court dismissed a public interest litigation challenging Article 14 and 15 violations in the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, as the petition was withdrawn following the expiry of the ordinance's tenure and replacement by a 2019 ordinance.
Petition dismissed as withdrawn; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 04/02/2019
C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.26183 of 2018
and M.P.No.30409 of 2018
S. Hussain Afroze ...Petitioner
Vs
The Union of India rep. By its Secretary Ministry of Law & Justice 4th Floor, A Wing Shastri Bhawan,New Delhi. ...Respondents
Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of declaration to declare Clause 4 to 7 of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018; Ordinance No.7 of 2018, as ultra vires of the Constitution of India.
For petitioner ... Mr.T.Mahendiran
For respondents ... Mr.G.Rajagopalan Additional Solicitor General of India - - - - - - O R D E R (Order of the Court was made by S.Manikumar,J)
Instant Public Interest Litigation has been filed, seeking for a declaration, to declare Clause 4 to 7 of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018; Ordinance No.7 of 2018, as ultra vires of the Constitution of India.
“Provisions 4 to 7 Presidential Ordinance No.7 of
the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, are challenged on the grounds inter alia that the said provisions are violative of Articles 14 and 15 of the Constitution of India. That apart, averments is also made that when pronouncement of triple talak is otiose and does not inflict any legal injury, such pronouncement has been made as
crime punishable with imprisonment for the period upto three years, besides fine.
S. Hussain Afroze
The Union of India
S. Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
