Supreme Court reserves verdict on triple talaq case
The Supreme Court today reserved its verdict on a batch of petitions challenging the constitutional validity of the practice of triple talaq among Muslims.The apex court was hearing a batch of petitions challenging the constitutional validity of the instant divorce practice. The court has been hearing the matter for the last five days.
A five-judge Constitution bench headed by Chief Justice J S Khehar heard the issue for six days during which various parties including the Centre, All India Muslim Personal Law Board, All India Muslim Women Personal Law Board and various others made the submissions.
On Wednesday, the five-judge constitutional bench hearing the matter asked the All India Muslim Personal Law Board (AIMPLB) whether it was possible to include in the marriage contract a provision allowing the Muslim women to say no to the divorce practice.
"Can it be made possible to give an option to a wife that she can say that she was agreeable to or not agreeable to it (triple talaq)? Is it possible to pass a resolution to all 'qazis' to include this condition (giving right to woman to say 'no' to triple talaq) in 'nikahnama'? Give an option to wife to say 'no' to triple talaq," the five-judge bench headed by Chief Justice J S Khehar said.
On Tuesday, appearing for (AIMPLB), senior counsel Kapil Sibal said the court should not interfere in the matter as the practice was intrinsic to one's faith and belief.
"Triple talaq is going on since 1400 years, how can you say it is unconstitutional?" Sibal asked the apex court.
The bench, also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer is hearing seven petitions, including five filed by Muslim women, challenging the practice of triple talaq, polygamy and nikah halala since May 11.