Will Bring a New Law If Triple Talaq Is Struck Down: Centre to SC

Today was the third day of the hearing on a clutch of petitions challenging triple talaq, polygamy and nikah halala.

The triple talaq system treats women unequally. Photo used for representational purposes only. (Photo: iStock)

The government on 15 May, the third day of the hearing on the much-debated triple talaq issue, told the Supreme Court that it will come out with a new law banning the practice if triple talaq is held ‘invalid and unconstitutional’ by the apex court.

Attorney General Mukul Rohatgi told a five-judge constitution bench headed by Chief Justice JS Khehar: “If the practice of instant divorce (triple talaq) is struck down by the court, the Centre will bring a law to regulate marriage and divorce among the Muslim community.”

Rohatgi's submission came when the court asked him what are the remedies for a Muslim man to come out of a marriage if such practices are struck down.

Also read: Triple Talaq Worst & Undesirable Form of Marriage Dissolution: SC

The significant observation was made when Rohatgi, appearing for the Centre, said the issues of polygamy and 'nikah halala' were also part of the order of a two-judge bench, which had referred to the Constitution bench the three issues, including the practice of triple talaq among Muslims.

The scope of referring had all the three issues that was divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench.

Attorney General Mukul Rohatgi

When the Attorney General asked the bench to make it clear that the issues of polygamy and 'nikah halala' are still open and would it be dealt by other bench in future, the court clarified "it will be dealt in future."

15 May was the third day of the hearing on a clutch of petitions challenging triple talaq, polygamy and 'nikah halala', which is going on before a bench comprising members of different religious communities, including Sikh, Christian, Parsee, Hindu and Muslim.

During the last hearing, the apex court had observed that triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among the Muslims, even though there were schools of thought which called it "legal".

The apex court has fixed a six-day schedule for hearing, in which three days are available for those challenging triple talaq and three days for those defending it.

Also read: SC Begins Hearing Triple Talaq Petition, Will Not Rule on Polygamy

(With PTI inputs)