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Triple Talaq issue to be heard during summer vacation : Supreme Court

by IBNS 30 Mar 2017, 12:15 pm

New Delhi, Mar 30 (IBNS) : A five-judge constitution bench will sit on May 11 during the summer vacation to hear the triple talaq case to take a decision on the legality of the long-practised tradition in the Muslim community that allows a husband to get instant divorce from wife by saying "talaq" three times, Chief Justice J S Khehar on Thursday said.

The hearing will be held on the basis of a bunch of  petitions  filed in the top court opposing triple talaq after women complained of being divorced on Facebook and WhatsApp. 


It will be one of the three issues, nikah halala and polygamy being the two other, that three constitution benches will look into during the summer vacation.

The top court has said instead of looking at individual cases, it would examine  whether such practices  which violate women's rights,  can be upheld under the right to religion. 
 
Whatever be the Supreme Court ruling on the subject, it is likely to have a strong bearing on the national politics, especially in the light of the Centre's intention to formulate a uniform civil code.

The court took up the matter after the Centre's posed four questions regarding the triple talaq, nikah halala and polygamy.

The Muslim personal law board contends that Muslim practices such as polygamy and triple talaq are matters of "legislative policy" that could not be interfered with by the judiciary.