The Madras High Court on Monday dismissed a public interest litigation petition filed by Krishnagiri based advocate K. Amjath Khan, 37, challenging the penal provisions under the Muslim Women (Protection of Rights on Marriage) Ordinance of 2019 on the ground that members of one religious denomination could not be singled out for criminal prosecution on the issue of divorce which purely involves civil consequences.
Justices S. Manikumar and Subramonium Prasad dismissed the case since the Supreme Court had recently dismissed a similar challenge to the ordinance, which criminalises the practice of Triple Talaq, without going into the merits of the case. The Supreme Court had rejected the case on the sole ground that an ordinance could not be put to challenge. It had however left it open to the litigant to challenge the issue as and when an Act was passed.