SC sets to delivers verdict on the controversial case of “Instant divorce”

Team SoOLEGAL 22 Aug 2017 10:11am

SC sets to delivers verdict on the controversial case of “Instant divorce”

With a five Judge constitution bench of the Supreme Court set to deliver the verdict today, on the controversial case of “Triple Talaq” wherein a Muslim man splits with his wife by uttering “Talaq Talaq Talaq” without any prior indication or a valid reason. Supreme Court will pronounce a landmark Judgement on whether the Triple Talaq or the practice of polygamy is constitutionally right or the time has come to put an end to this 1400 years old sequence of injustices to Muslim women. 

A Five Judge Bench of different faiths headed by CJI Khekar (Sikh) and also comprising Justices Kurian Joseph (Christian), RF Nariman (Parsi), UU Lalit (Hindu) and Abdul Nazeer (Muslim) has set to give a verdict on the case today.

The petitioner had challenged the validity of practice wherein the divorce can be performed instantly by just saying Talaq three times, Sometimes even by phone or a text message.

The Court observed that the Practice cannot possibly be “desirable” or “socially acceptable” to get the divorce, even though there are Muslim schools of thoughts who termed it “legal”.

Several lawyers attacked Triple Talaq, stating it as an act of gender discrimination and against the tenets of Islam as well as against the Rights of women. Therefore, further arguing on the case is pointless. The Modi Government is also supporting the petitioners who are determined to fight against this “evil” practice.       

In a case, solely focused on the violation of Fundamental Rights of Muslim women, the absence of a female Judge has drawn criticism throughout the country. Justice R Bhanumati is the only female Judge in Apex Court.

Once the Judgment passed, it will up to Legislation to decide whether the practice of “Triple Talaq” should be continued or terminated. The Court reserved the Judgment on May 18 after a six-day long hearing during the summer vacation.     

Since 1937, Muslims have dominated the will of their women partners through the Muslim Personal Law and NDA has long opposed this law and argued the Government on how Triple Talaq can protect Muslim Women.

All India Muslim Personal Law Board (AIMPLB) has argued that these Practices are the essential practice under the religion, stated by Asaduddin Owaisi, President of AIMPLB.   

Tagged: Triple Talaq   Supreme Court   Fundamental Rights  
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