The High Court of Madras dismissed a writ petition seeking a declaration that certain clauses of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 are ultra vires the Constitution. The court followed the Supreme Court's order refusing to entertain challenges to Ordinances.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.9146 of 2019
and
W.M.P.No.9669 of 2019
K.Amjath Khan .. Petitioner
Vs.
The Union of India Represented by its Secretary Ministry of Law & Justice 4th Floor, "A" wing, Shastri Bhawan, New Delhi. .. Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a Writ of Declaration, declaring Clause 4 to 7 of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019; Ordinance No.1 of 2019 as ultra vires the Constitution of India.
Petitioner : Mr.Zaffarullah Khan For Respondent : Mr.S.Thiruvengadam
O R D E R
(Order of this Court was made by S.MANIKUMAR, J.)
Petitioner has sought for a Writ of Declaration, declaring Clause 4 to 7 of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019; Ordinance No.1 of 2019 as ultra vires the Constitution of India.
challenge in the writ petition is only to an Ordinance. For brevity, short order made in Writ Petition (Civil) No.302/2019, dated 25.03.2019, is reproduced:-
"Heard learned counsel for the petitioners and perused the relevant material.
As the challenge in the petition is to an Ordinance, we are not inclined to entertain the writ petition. However, we make it clear that we have not expressed any opinion on the merits of the case. The writ petition is, accordingly, dismissed."
W.P.No.9146 of 2019 and W.M.P.No.9669 of 2019 PP(CO) GN(03/04/2019)
1 issue framed by the court
Whether the High Court was inclined to entertain a writ petition challenging the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 following the Supreme Court's dismissal of a similar pe
Colour shows how this judgement treated each authority
Samastha Kerala Jamiathul Ulema and another vs. Union of IndiaReferred¶17
Writ Petition (Civil) No.302/2019 between Samastha Kerala Jamiathul Ulema and another vs. Union of India
order dated 25.03.2019Applied¶18
2 provisions across 2 enactments
K.Amjath Khan
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
