SC verdict on constitutional validity of Triple Talaq tomorrow

August 21, 2017 by  
Filed under India, newsletter-india

India, August 21, 2017: A five judge constitution bench will tomorrow pronounce its historic judgment on the constitutional validity of triple talaq among Muslims. The multi-religion constitution bench comprises of Chief Justice J S Khehar and Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer. The bench had begun the hearing on May 11.

A five-judge Constitution bench had heard the issue for six days during which various parties including the Centre, All India Muslim Personal Law Board, All India Muslim Women Personal Law Board and various others made the submissions.

The bench had made it clear that it would examine whether the practice of triple talaq among Muslims is fundamental to their religion and had also said for the time being it will not deliberate upon the issue of polygamy and ‘nikah halala’.

It had also said that the both the issues would be kept pending and will be dealt with later.

‘Nikah Halala’ is a practice intended to curb the incidence of divorce under which a man cannot remarry his former wife without her going through the process of marrying someone else, consummating it, getting divorced, observing the separation period called ‘Iddat’ and then returning to him.

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.

– one india

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