We will come out with a law if triple talaq struck down: AG to SC

NEW DELHI: The government on Monday told the Supreme Court that it will come out with a law to regulate marriage and divorce among Muslims if triple talaq is held invalid and unconstitutional by the court.

Attorney General Mukul Rohatgi told a five-judge constitution bench headed by Chief Justice J S Khehar “If the practice of instant divorce (triple talaq) is struck down by the court, then 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.

Earlier in the day, the apex court bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, said it was keeping open the issues of practice of polygamy and ‘nikah halala’ among Muslims for adjudication in future, as the Centre insisted on judicial deliberations on these aspects as well.

“It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future,” the bench said.

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 were divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench,” Rohatgi said.

When the AG asked the bench to make it clear that the issues of polygamy and ‘nikah halala’ are still open and would be dealt by another bench in future, the court clarified “it will be dealt in future.”

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”.