Is triple talaq re­li­gious prac­tice? If out, how will Mus­lim men di­vorce, asks SC

The Indian Express - - FRONT PAGE - ANANTHAKRISHNAN G

TRIPLE TALAQ HEAR­INGS BE­GIN, COURT SAYS MAY NOT AD­DRESS POLYGAMY

A FIVE-JUDGE Con­sti­tu­tion bench of the Supreme Court on Thurs­day be­gan hear­ing ar­gu­ments on a batch of pe­ti­tions chal­leng­ing the Con­sti­tu­tional va­lid­ity of “in­stant triple talaq” (talaq-e-bidat) with some con­tend­ing that “the prac­tice was not part of Is­lamic law” and was li­able to be struck down as “un­law­ful and un­con­sti­tu­tional.” The apex court won­dered whether there was any al­ter­nate rem­edy open to Mus­lim men to seek di­vorce in case the con­tro­ver­sial pro­vi­sion was done away with.

“If all the three forms of talaq are held bad in law, where will the Mus­lim man go for di­vorce?” the bench headed by Chief Jus­tice of In­dian J S Khe­har sought to know.

The court is hear­ing seven pe­ti­tions, in­clud­ing five filed by Mus­lim women chal­leng­ing the prac­tice of polygamy, nikah ha­lala and triple talaq in the com­mu­nity. Other mem­bers on the bench are Jus­tices Kurien Joseph, U U Lalit, R F Na­ri­man and Ab­dul Nazeer.

The court raised the query when Ad­di­tional Solic­i­tor Gen­eral Tushar Me­hta said the Cen­tre was op­posed to all forms of triple talaq. The ASG’S com­ments came as the court was hear­ing se­nior coun­sel Indira Jais­ing who, ap­pear­ing for one of the pe­ti­tion­ers Bhar­tiya Mus­lim Mahila An­dolan, con­tended that “the ques­tion is if the triple talaq pro­vi­sion is uni­lat­eral, where do the women go (for rem­edy)?”

Jais­ing added that it was up to Par­lia­ment to come up with a law in this re­gard to which Jus­tice Kurien Joseph re­marked: “If the Par­lia­ment does not, can this fo­rum (do it)? Many a time, this court has thrown it to the

PTI

Ad­vo­cate Farah Faiz, one of the pe­ti­tion­ers in the triple talaq case, out­side the Supreme Court on Thurs­day.

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