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SC advocate: Injunction on husbands pronouncing triple talaq until law is made
"There were three different judgement delivered today by the Constitutional bench. We exercise our jurisdiction on Article 142 and have directed the Government of India to legislate a proper law within six months...," Mahmood said.
New Delhi: Supreme Court advocate Saif Mahmood on Tuesday said that till the government formulates a law regarding triple talaq, there would be an injunction on husbands pronouncing triple talaq on their wives.
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"There were three different judgement delivered today by the Constitutional bench. We exercise our jurisdiction on Article 142 and have directed the Government of India to legislate a proper law within six months. Till the time the government makes a law, there would be an injunction on husbands pronouncing triple talaq on their wives," Mahmood told.
He added that the Chief Justice of India (CJI) Jagdish Singh Khehar delivered the first judgement in which he held categorically that in his opinion, matters of personal law cannot be touched by a Constitutional court.
"The second thing Justice Khehar held was that the triple talaq is an essential part of Islam which is protected under Article 25. Justice Kurien Joseph said that the triple talaq is not an essential part of Islam and therefore, enjoys no protection of Article 25 and set it aside," Mahmood said.
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He added that Justice Rohinton Fali Nariman said that the triple talaq is a part of the 1937 Act and should always be tested on constitutionality, adding it is "unconstitutional."
Earlier in the day, the Supreme Court struck down the Triple Talaq practice as 'unconstitutional' by a 3:2 majority. (With ANI inputs)