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

On Thursday, a unique bench of 5 judges from 5 different faiths began hearing the proceedings on ‘triple talaq’.

The Allahabad High Court pronounced triple talaq as unilateral and bad in the eyes of the law. (Photo: Hardeep Singh/The Quint)

On Thursday, the first day of the Supreme Court summer vacation, a unique bench of five judges from five different faiths began hearing the proceedings on ‘triple talaq’.

CJI JS Khehar had said that the bench will hear the case over the period of the next six days and will rule on the matter by the end of the sixth day.

Khehar clarified:

Will not get into the issue of polygamy as it’s not related to triple talaq and nikah halala and if triple talaq is found to be not valid, the latter will be deemed unconstitutional.

The apex court will also determine if triple talaq is integral to Islam. If so, it will not be interfered with.

CJI Khehar has asked lawyers to not repeat their arguments at any cost. Ram Jethmalani has been allowed to assist the bench at a later stage.

Salman Khurshid Assists

Senior advocate Salman Khurshid, who is helping in the reading of the Quran and Hadith, has said that the divorce does not come into effect immediately after the word “talaq” is uttered. Khurshid said that the divorce has to be finalised after “talaq” is said.

Representatives of both parties will try for reconciliation, if it fails, the same is informed to a Quazi.

Seven Petitions, Six Days, Five Men, No Woman

The lead petition is titled “Quest for Equality vs Jamiat Ulama-i-Hind”, keeping in line with the sensitivity of the matter. The five judges are CJI JS Khehar (Sikh) and Justices Kurian Joseph (Christian), RF Nariman (Parsi), UU Lalit (Hindu) and Abdul Nazeer (Muslim). However, being an issue related largely to Muslim women’s rights, there is no female judge on the bench.

The constitutional and legal validity of 'triple talaq', 'nikah halala' and polygamy practices among Muslims will be challenged as seven petitions will be heard. Five separate writ petitions have been filed by Muslim women challenging the practice of triple talaq, terming it unconstitutional.

Also Read: Turning Norm on Its Head, Meerut Woman Pronounces Triple Talaq

The hearing has gained significance as the apex court has decided to hear the case during the summer vacation, and even suggested that it is likely to sit on weekends to expeditiously decide the contentious and sensitive issues arising in the matter.

Attorney General Mukul Rohatgi will assist the bench, which will also examine to what extent the court can interfere in the Muslim personal laws if they are found to be in violation of the fundamental rights of citizens enshrined in the Constitution.

Allahabad HC Called Triple Talaq “Bad in Eyes of Law”

The apex court had on its own taken cognisance of the question whether Muslim women faced gender discrimination in the event of divorce or due to other marriages of their husbands.

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The hearing holds importance as the Allahabad High Court, in its verdict pronounced in April, had held the practice of triple talaq as unilateral, and bad in the eyes of law.

The High Court verdict had come while dismissing a petition filed by one Aaqil Jamil, whose wife filed a criminal complaint against him alleging that he had tortured her for dowry, and when his demands were not fulfilled, he gave her ‘triple talaq’.

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