New Delhi: The Supreme Court on Tuesday delivered a historic verdict on Triple Talaq. The top court struck down the 1400-year-old practice as 'unconstitutional' by a 3:2 majority.
A five-judge constitution bench headed by Chief Justice JS Khehar barred the practice for six months and asked the parliament to frame a law.
Interestingly, the constitution bench comprising Chief Justice JS Khehar, Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer belong to different religions including Sikh, Christian, Parsee, Hindu, and Muslim.
What happened in the courtroom?
CJI Khehar, while pronouncing the judgement, upheld the practice and said, "Talaq-e-biddat is not violative of articles 14, 15, 21 and 25 of the Constitution."
Opposing view of Justice Khehar and Nazeer, Justices Rohinton Fali Nariman, Uday Umesh Lalit and Kurian Joseph said that triple talaq is unconstitutional.
The CJI, further using his power under Article 142, directed the Union of India to form a proper legislature regarding 'talaq-e-iddat.'
CJI Khehar said that all parties must decide keeping politics aside.
The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing.
During the hearing, the Centre had assured the apex court that it would come out with a law to regulate marriage and divorce among Muslims if triple talaq is upheld as invalid.
"The government will come out with law to regulate marriage and divorce among Muslims if court holds triple talaq as invalid," Attorney General Mukul Rohatgi told the bench.
Rohatgi also conveyed to the apex court bench that triple talaq violates Muslim women's right to equality within the community, and also within the country
Earlier in the hearing, the apex court refused to hear all the three cases of polygamy, nikah and halala at once, saying it will focus on one matter at a time.
(With inputs from agencies)
