Law On Muslim Marriage And Divorce If Triple Talaq Scrapped: Centre To Supreme Court

The Centre requested the Supreme Court to examine the validity of triple talaq, polygamy and nikah halala

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Law On Muslim Marriage And Divorce If Triple Talaq Scrapped: Centre To Supreme Court

Supreme Court has described triple talaq the "worst and undesirable form" of dissolution of marriage

New Delhi:  The government today said it will bring law on marriage and divorce among Muslims if the Supreme Court strikes down the practice of triple talaq as invalid and unconstitutional.

"There won't be any vacuum if triple talaq is scrapped," Attorney General Mukul Rohatgi told the Supreme Court's constitution bench of seniormost judges. The government lawyer responded after the court questioned how Muslim marriages and divorces would be governed if triple talaq was done away with.

The government made a forceful argument against triple talaq, which enables Muslim men to get an instant divorce by uttering the word "talaq" or divorce thrice.

"Triple talaq is contrary to equality, gender equality and human rights. Issues of marriage and divorce have nothing to do with religion," said Mr Rohatgi, adding, "Court is not a master interpreter of the holy Quran, or Guru Granth or Gita."

The government requested the constitution bench to examine the validity not just of triple talaq but also polygamy and nikah halala - in which a divorced woman has to marry another man and divorce him before she can go back to her first husband.

"We are examining triple talaq now and due to paucity of time we can't hear the other issues at the moment. But that issues will remain open," said Chief Justice JS Khehar, indicating that the judges may take up the other subjects later.

On Friday, the top court described triple talaq as the "worst and undesirable form" of dissolution of marriage among Muslims.

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As the country's five seniormost judges headed by the Chief Justice began hearing the case, they were told that many countries such as Pakistan, Afghanistan, Morocco and Saudi Arabia do not allow triple talaq to dissolve marriages.

There are "school of thoughts (which) say that triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims," Justice Rohinton Fali Nariman, a member of the five-judge constitution bench said.
 

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