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Supreme Court strikes down triple talaq as 'unconstitutional' by 3:2 majority
Justice Nariman, Justice Lalit and Justice Kurien opposed the view of Justice Nazir and Chief Justice of India J.S. Khehar and dubbed the practice of Triple Talaq as unconstitutional and unislamic.
New Delhi: The Supreme Court on Tuesday struck down the Triple Talaq practice as 'unconstitutional' by a 3:2 majority.
The five-judge constitution bench headed by Chief Justice of India (CJI) J.S. Khehar, deciding on the verdict, was seemingly split on the legality of the practice.
Justice Nariman, Justice Lalit and Justice Kurien opposed the view of Justice Nazir and Chief Justice of India J.S. Khehar and dubbed the practice of Triple Talaq as unconstitutional and unislamic.
Also Read: Supreme Court upholds Triple Talaq practice, asks Union Govt. to bring legislation
The Supreme Court has further asked the Union Government to formulate a new legislation within six months.
The apex court reportedly referred to the abolition of triple talaq in the Islamic countries and asked "why can't independent India get rid of it."
The decision came soon after the apex court resumed the hearing on the matter on Tuesday morning.
CJI Khehar, while pronouncing the judgement, however, upheld the practice and said, "Talaq-e-biddat is not violative of articles 14, 15, 21 and 25 of the Constitution."
The CJI, further using his power under Article 142, directed the Union of India to form a proper legislature regarding 'talaq-e-iddat.'
CJI Khehar said that all parties must decide keeping politics aside.
The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing.
During the hearing, the Centre had assured the apex court that it would come out with a law to regulate marriage and divorce among Muslims if triple talaq is upheld as invalid.
"The government will come out with law to regulate marriage and divorce among Muslims if court holds triple talaq as invalid," Attorney General Mukul Rohatgi told the bench.
Rohatgi also conveyed to the apex court bench that triple talaq violates Muslim women's right to equality within the community, and also within the country
Earlier in the hearing, the apex court refused to hear all the three cases of polygamy, nikah and halala at once, saying it will focus on one matter at a time.
The Attorney General and top law officers representing the Central government told the five judge Constitution bench that apex court should hear other cases also, besides Triple Talaq.
However, the top court said that they have limited time, so all the matters could not be covered at present. (With ANI Inputs)