New Delhi, Aug 22: The Supreme Court has upheld the controversial practice of instant triple talaq and asked the Central government to bring legislation within 6 months, adding if law doesn’t come in force, then court’s injunction will continue.
A multi-religion bench comprises of five judges which includes J S Khehar, Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer, in its much awaited judgement on Monday, declared the Islamic practice of divorce “unconstitutional” by majority of 3:2.
Justices Kurien Joseph, Rohinton Fali Nariman and Udey Umesh Lalit were against triple talaq said it’s not integral to Islam, banned in law and lacks approval of the Shariat.
While, Chief Justice J.S. Khehar and Justice S. Abdul Nazir, in a minority judgment, ruled in favor of triple talaq.
Following this, Khehar urged parliament to pass a law to deal with the issue.
The apex court said that Talaq-e-biddat is not violating Constitutions’ Right to Equality.
Earlier, during its six days hearing on Triple Talaq in May, the bench reserved its verdict even as the All India Muslim Personal Law Board (AIMPLB) said it has decided to issue an advisory to Qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for marriage.
The bench, including Justices J S Khehar, Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer, while deliberating the issue, heard several pleas challenging the practice of triple talaq.