SC refuses to entertain fresh plea on triple talaq

The Apex court has refused to entertain a fresh plea challenging the constitutional validity of ‘triple talaq’, saying the issue is already pending consideration.

The Supreme Court has refused to entertain a fresh plea challenging constitutional validity of triple talaq, nikah halala and polygamy practices among Muslims, saying the issue is already pending consideration.

The court, however, said the verdict rendered in pending petition will govern the outcome of the present plea as well.

“We are of the view that the issues agitated in the instant petition are already pending consideration before this court.

“It is, therefore, not necessary for us to entertain another writ petition on the same cause, which is already before this court,” a bench of Chief Justice JS Khehar and DY Chandrachud said.

While disposing of the plea filed by Gurudas Mitra, the bench said, “It is needless to mention that the determination rendered in the pending petitions will govern the outcome of the present petition as well.”

Senior advocate Soumya Chakraborty has said all the three forms of talaq (Ahsan Talaq, Hasan Talaq and Talaqul-Biddat) were arbitrary, capricious and violative of fundamental rights of Muslim women.

In a written submission, he has said that ‘Khula’ and ‘Mubarat’ are the only two traditionally acknowledged Muslim modes of dissolution of marriage at the instance of the woman.