Você está na página 1de 2

Statement of Facts Formatted: Font: Bold

Formatted: Line spacing: 1.5 lines


I. Mukhtar andand Asma are Sunni andand Shia Muslim Muslim residing in the Sstate Formatted: List Paragraph, Numbered + Level: 1 +
of Chind, Pindiana. They used to work together in a well-paying job in a Multinational Numbering Style: I, II, III, … + Start at: 1 + Alignment:
Right + Aligned at: 0.29" + Indent at: 0.54"
corporation. Asma graduated from a London University. However, she is educated
from London was and quite religious as showed an inclination she is inclined towards
the teachings of the Quran., whereas Mukhtar , on the other hand, wasis the one who
is influenced by western culturemodern culture of the society. While working together
They used to work together in an MNC theywhere both fell in love andand
subsequentlyultimately got married.married each other,
II. Abut after some time a conflict arose between them in relation to kids since to whether
to have a baby as Aasma was quite reluctant to conceivehave because ofdue to her
career prospects and ambitionsive but mukhtar Mukhtar was adamant on having
kidshad wholly different thought in his mind. There Their dispute escalated and took
a violent turn when conflict turned into violent one as he started assaulting her Mukhtar
started assaulting and forcibly having sex with her. for forcible sex, and at last Hhe
stopped on the persistence ofinvolvement of his parents andand in-laws .
III. After a brief period of good behaviour,But the story continued after some temporary
pause Mukhtar again started assaulting her resulting resulting in her
pregnancypregnancy of Asma against her wish . Since, as she was not ready to have a
child in lieu of her career, she decided to abort the childtherefore she decided for
abortion ., Bbut mukhtar Mukhtar andand his family being against abortion finally was
wholly against and further they also managed to convince her to leave herthe job and
focus on having the childfor having a child.
IV. However, due to the negligence of both Asma And due to constant arising of uneven
situations like these asma suffered a miscarriage . , and Mukhtar blamed started
blaming Asma for it and startedby regularly taunting andand abusing her which,
making made her believe that it was her fault. Subsequently, Without having any
sensitivity towards the gravity of loss suffered by Asma, Mukhtar got married
againdecided to have a second marriage , andand also started neglecting Asmaher and
shiftedby shifting to another apartment leaving her alone., He initially provided her
with maintenance but stopped after a few monthsas the time passes it also disappeared.
V. It was in 2017 Mukhtar in the presence of two witnesses gave instantaneous triple
Talaq to herby declaration andand he conveyed the divorce deedabout Talaq to Asma
by way of letter . This news shookcked the conscience of Asma and , amidst of all the
circumstances she decided to approach the Supreme Court andCourt to have relief,
therefore she filed a writ petition under Article 32 of the constitution contending that
Triple Talaq is unconstitutional and grossly violates it be declared Void-ab-initio as it
violates Article .14, 15 andand 21 of the constitution. She relied on the recent judgment
of the High Court of Chind which declared the practice unconstitutional.namely
fundamental rights of the citizens and it had been already declared unconstitutional by
the High Court of Chind ,
VI. Ssimultaneously an ordinance was passed by the legislature in making the Triple Talaq Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: I, II, III, … + Start at: 1 + Alignment:
illegal. But later on Mukhtar also filed a Special Leave Petition under Article 136 Right + Aligned at: 0.29" + Indent at: 0.54"
challenging the constitutionality of the ordinancein defiance to hold the ordinance
unconstitutional. TSubsequently the Honourable Supreme Court clubbedombined both
the matters and& constituted a bench of 7 judge gesconstitutional bench to resolve the
matter both the cases which is now listed for final hearing..

Você também pode gostar