I.

The Union of Sind, situated in Asia, is a secular, democratic country has a

progressive society while nurturing liberal views, respects diversity all the same. In
the year 2017, the Supreme Court of Union of Sind invalidated 'Triple Talaq' in a
landmark judgement as it is against the basic principle of the constitution and
infringes the fundamental rights of the women. The apex court has directed the
Union of Sind to make laws invalidating Triple Talaq and also make it a criminal
offence. The bill has been passed by Lok Sabha but is still pending before the
Rajya Sabha.

II. A young couple, Javed, 24 and Swati, 21, from Awadh a city in the State of
Madhya Sind were in relationship and wanted to marry each other, as they both
belonged to different religions, but their families were against their relationship.
Javed pursuaded Swati to convert to Islam as his family would agree for their
marrige and same will not be against his religion. After much pursuasion Swati
agreed to convert her religion on 20th June 2016, was given the name Shazia and
couple got married on 21st August 2016.

III. Sahzia and Javed started living separately from their families and Shazia joined as
a school teacher. Their married life was going smooth until, on, 2nd November
2016 Javed decided to move with his parents, because of family problems. Shazia
was against this idea but agreed later on. On 6th January 2017 the couple shifted to
their in-laws but things started to change, Shazia was told to leave her job and they
started having regular fights.

IV. . On 15th September 2017 Javed and Sahzia got into a heated argument at a family
function infront of the relatives. Javed in a fit of rage pronounced Talaq thrice in
front of the family members. After the incident Sahzia was in a complete state of
shock left her marital home and stopped talking to Javed.On the evening of 21st
November, Javed texted Shazia, requesting to meet her. Shazia replied that she will
be alone and don't want to meet Javed. Javed on the same evening reached Shazia's
place in intoxicated state where they had a heated argument and Javed in anger
forced himself on Shazia against her will and consent. Shazia in fear of her life
surrendered to the will of Javed.Next day Shazia lodged a complaint against Javed
for committing Rape with Shazia. The police on 22nd November 2017 registered
 FIR No. 28/2017 against Javed under section 375, 498A, 354, and 321 of the Sind
Penal Code.

V. In the State of Madhya Sind next assembly elections were to be conducted within
a year so the whole matter was highlighted in media. The police was under pressure
as it was being made a political issue. The chargesheet was filed within a month
and the trial was concluded within six months. The trial court in its judgement
dated 28th May, 2018 convicted the accused under section 498A, 354 and held
guilty for other offences against women but was not convicted for the offence of
Rape.

VI. Aggrieved by the judgement of the trial court, Javed lodged an appeal on 2nd July
2018, before the High Court of Madhya Sind contending that he was not given a
fair trial as his trial was influenced by the media. Javed pleaded before the High
Court to acquit him from all the charges made against him.

VII. .In the month of August, 2018, Shazia with the help of an NGO 'Justice for women'
filed a writ petition before the Supreme court, W.P. No. 2302/2018 seeking justice
for Shazia and making marital rape an offence under the existing laws of Sind
Penal Code.

VIII. The petition of Javed in the High Court was dismissed on 10th August 2018
and he filed a Special Leave Petition, S.L.P.No. 1920/2018 before the supreme
court on 5 September 2018. He contended that his conviction under section 354 is
baseless and also took the plea of natural justice that the Trial and High Court have
failed in their approach. He also contended that his Right to Privacy has been
breached as his personal life was topic of debate on TV channels.

IX. .Taking the urgency and the constitutional issues the Supreme Court clubbed both
matters and listed them for further arguments.The Constitution and laws of the
Union of Sind are pari materia to Union of India.