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Mother of two wants FIR against husband over Triple Talaq, moves Apex Court

The Muslim woman has a nine-year-old son and a six-year-old daughter

Thursday May 16, 2019 11:59 PM, IANS

SC Petition on Talaq

New Delhi: A Muslim woman on Thursday moved the Supreme Court to restrain her husband from divorcing her in view of a judgement in August 2017 in Shayara Bano case.

She has also sought directions from court to register an FIR against her husband in accordance with the ordinance that made "triple talaq" a punishable offence.

Advocate M.M. Kashyap, counsel for the woman, in a writ petition informed the court that after 10 years of marriage, her husband has forcibly moved her out of her matrimonial home and served her with a legal notice snapping all matrimonial ties.

The woman has a nine-year-old son and a six-year-old daughter. The court will take up the matter on Friday.

The woman's counsel mentioned the matter before a vacation bench comprising Justices Indira Banerjee and Sanjiv Khanna and sought urgent hearing.

"The petitioner gave a reply to the respondent's (husband) legal notice on March 25, 2019 stating that Talaq cannot be given as per law prevailing at present. Further, it is mentioned in the reply that the petitioner is not accepting the talaq", said the petition.

The court queried the petitioner's counsel about the reason behind moving the apex court with the writ petition, instead of approaching the Delhi High Court. Kashyap said the petitioner wanted to move the apex court, as it had passed a judgement on triple talaq.

The woman has alleged torture and dowry against her husband.

"Her husband wanted Rs 5 lakh and a car, but she refused to bow to his wishes. As a consequence, she was driven out of her home," said Kashyap during an interaction with the media.

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