- Five top judges hearing petitions challenging validity of triple talaq
- Court to determine if the practice is fundamental to religion
- Polygamy in Muslims may not be part of deliberations, court said
At its first hearing today, Chief Justice of India JS Khehar who heads the bench, made it clear that the court would examine whether the practice of triple talaq among Muslims is fundamental to their religion and if triple talaq was an "enforceable" fundamental right to practice religion by Muslims. The court, however, added that polygamy among Muslims may not be part of its deliberations since it is unrelated to triple talaq.
Setting the ground rules for the daily hearings, the court told both sides that they would get two days to present their arguments, and then one more day to rebut the other side's arguments. "Each side can argue whatever they want but there should not be any repetition. They will only focus on the validity of triple talaq," the bench said.
The bench comprises Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer.
The Muslim personal law board, however, contends that Muslim practices such as polygamy and triple talaq were matters of "legislative policy" that could not be interfered with by the judiciary.
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