NEW DELHI: During the hearing on triple talaq case, the Supreme Court today termed the practice as “worst” form marriage dissolution among Muslim community.
The 5 judge constitution bench observed that while some school of thoughts amongst the community view the concept of triple talaq as absolutely legal, it is a highly undesirable form of dissolution of marriage.
Amicus Curiae, Salman Khurshid told the bench that every Muslim women has the right of not agreeing to triple talaq as there are provisions and conditions to this effect in the “nikahnama” during the time of marriage. He contented that issue of triple talaq is a non-issue which does not require judicial scrutiny.
The apex court asked Salman Khurshid to come up with a list of countries, both Islamic and non-Islamic, that have put a ban on the concept of triple talaq. Subsequently, the constitution bench was informed that many countries like Pakistan, Saudi Arabia, Morroco have banned triple talaq.
Ram Jethmalani, senior advocate, representing one of the victims was at his vociferous best and said that triple talaq violates many constitutional rights, the major among them being Right to Equality. “The right of triple talaq is available only to the husband and not to the wife and it breaches the Article 14 (Right to Equality) of the Constitution,” Jethmalani said.