Bombay High Court dismisses petition challenging Muslim Women Ordinance 2018

Bombay High Court (File)

The Bombay High Court on Monday dismissed a petition filed by five persons challenging the constitutional legality and validity of the Muslim Women (Protection of Rights on Marriage) Ordinance 2018, published on September 18.

The counsel of Union of India informed the court that there is a similar petition pending before the Supreme Court and another petition on the same issue was filed before Delhi High Court, which was dismissed.

A division bench of Justice B R Gavai and Justice A M Dhavale, dismissed the matter and said that they are not inclined to hear the petition as a similar petition is being heard by Supreme Court.

The petition was filed by Masud Ansari, businessman, ex-Municipal Councilor and social worker, an NGO Rising Voice Foundation and its president Nasibullah Khan, Afreen Bano Ansari, a lecturer and a practicing lawyer Devendra Mishra.

The petitioners, seeking quashing and setting aside Section 4 and 7 of The Muslim Women (Protection of Rights on Marriage) Ordinance, published on September 18, 2018.

The petitioners had contended that Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 is “illegal, null, void, unreasonable, arbitrary” and it seeks to criminalise the breach of civil contract in the form of Muslim marriage.