SC upholds validity of triple talaq, but imposes ban on instant talaq till new legislation

The Supreme Court has upheld the practice of Triple Talaq and has asked the Union Government to formulate a new legislation.

The decision came soon after the apex court resumed the hearing on the matter on Tuesday morning.

A five-judge constitution bench headed by Chief Justice J.S. Khehar pronounced the verdict.

CJI Khehar, while pronouncing the judgement, said, “Talaq-e-biddat is not violative of articles 14, 15, 21 and 25 of the Constitution.”

The CJI, further using his power under Article 142, directed the Union of India to form a proper legislature regarding ‘talaq-e-iddat.’

The top court has asked the government to bring the legislation within six months.

CJI Khehar said that all parties must decide keeping politics aside.

The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing.

During the hearing, the Centre had assured the apex court that it would come out with a law to regulate marriage and divorce among Muslims if triple talaq is upheld as invalid.

“The government will come out with law to regulate marriage and divorce among Muslims if court holds triple talaq as invalid,” Attorney General Mukul Rohatgi told the bench.

Rohatgi also conveyed to the apex court bench that triple talaq violates Muslim women’s right to equality within the community, and also within the country

Earlier in the hearing, the apex court refused to hear all the three cases of polygamy, nikah and halala at once, saying it will focus on one matter at a time.

The Attorney General and top law officers representing the Central government told the five judge Constitution bench that apex court should hear other cases also, besides Triple Talaq.

However, the top court said that they have limited time, so all the matters could not be covered at present.

The Centre, earlier on May 11, told the apex court that it opposes the triple talaq practice and wants to fight for women equality and gender justice.

Various petitioners had knocked the doors of the apex court seeking to strike down triple talaq.

 

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