In a landmark verdict, the apex court bans the practice of Triple Talaq which allows Muslim men to leave their wives immediately by uttering “talaq” thrice. The practice of triple talaq has been declared unconstitutional by 3:2 majority.
The Supreme Court has banned the practice of triple talaq for six months until parliament introduces new legislation to regulate the practice.
The five-judge bench called “triple talaq” bad in law and said, “We hope the Legislature will consider and take into account Muslim Personal Law while making legislation. All parties must keep their politics away and decide this.”
As per the Constitution, the practice of triple talaq is legal for Muslim. Several Muslim women have been divorced, including on Skype and Whatsapp and have challenged this 1400-year-old practice.
This landmark ruling was delivered by five judges of different faiths, Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer. The bench heard the case over five days from May 12 to May 18 and reserved judgment on questions like whether triple talaq is fundamental to Islam and whether it is an enforceable fundamental right.
The Muslim personal law board issued an advisory that Muslim women should be given the choice to opt out of instant triple talaq before their Nikah or wedding.
The government had backed the petitioners, declaring triple talaq unconstitutional, and derogatory and discriminatory for women.
Article by Mr.K.P.Satish Kumar M.L. Leading Divorce lawyer for Muslims
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