Statement of Facts

I. Mukhtar andand Asma are Sunni andand Shia Muslim Muslim residing in the Sstate
of Chind, Pindiana. They used to work together in a well-paying job in a
Multinational 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 illegal. But later on Mukhtar also filed a Special Leave Petition under Article
136 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..