SC declares Triple Talaq null and void with the Majority of 3:2

Team SoOLEGAL 22 Aug 2017 11:20am

SC declares Triple Talaq null and void with the Majority of 3:2

In a Landmark Judgment today, delivered by a constitution Bench of Five Judges of different faith headed by CJI Khehar has declared the practice of “Instant Divorce” in Muslim community is null and void. The Court today struck down the social norm of Triple Talaq by a majority of 3:2.

The Controversial case of Triple Talaq is all about determining the constitutional validity of a 14 centuries old practice of Muslim Community wherein a  Muslim man can divorce his wife by just uttering Talaq three times without giving any prior indication or reason. The case stated on May 11, on a series of petitions filed by the victims of “Triple Talaq” and concluded with a historic judgment.    

Three Judges rules against the validity of Triple Talaq. Justice Nariman (Parsi), and Justice UU Lalit (Hindu) pronounced it unconstitutional and Justice Joseph (Christian) declared the practice against the teachings of Quran. Chief Justice of India J S Khehar reserved the judgment on the case on May 18 this year, after a six day long hearing.

CJI Khehar and Justice Abdul Nazeer supported Triple Talaq under certain terms and conditions, stated that the practice has been existed since the beginning of Islam and should not be abolished completely. They also suggested legislative intervention and deliver the decision in next 6 months, whether the practice will be continued or terminated.

Justice Kurian expressed surprise when Justice Khehar backed the practice and termed it as an integral part of Muslim Religion and hence enjoys the status of Fundamental Right. Justice Kurian declared Triple Talaq against the tenets of Quran.

The Central Government will introduce new laws of the divorce process in Muslim Community. 

Tagged: Triple Talaq   Justice Nariman   J S Khehar  
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