Union Government on Monday told the Supreme Court that it will come out with a law to regulate marriage and divorce among Muslims if triple talaq is held invalid and unconstitutional by the court.
Attorney General Mukul Rohatgi told a five-judge constitution bench headed by Chief Justice J S Khehar “If the practice of instant divorce (triple talaq) is struck down by the court, then Centre will bring a law to regulate marriage and divorce among the Muslim community.”
Rohatgi’s submission came when the court asked him what are the remedies for a Muslim man to come out of a marriage if such practices are struck down
Meanwhile, the Court made it clear to the Centre that it will only deal with the issue of triple talaq only. The bench said it will keep the issues of nikah halala and polygamy pending for now.
The Central Government on Monday insisted deliberations on these two issues as well and told the court that it will come out with legislation to regulate marriage and divorce among Muslims if court holds triple talaq as invalid and unconstitutional.
The five-judge bench headed by Justice Khehar was quoted, “It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future”, as saying by PTI.
The observation came after Attorney General (AG) Mukul Rohatgi said, “The scope of referring had all the three issues that was divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench.”
The bench, which began hearing a clutch of petitions on ‘instant triple talaq’ or talaq-e-bidat last week, observed on its first hearing that it will first determine if instant triple talaq is fundamental to Islam while stating that it will not dwell on polygamy and nikah halala.
Monday’s hearing was the third day of the hearing on a clutch of petitions challenging triple talaq, polygamy and ‘nikah halala’ which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsee, Hindu and Muslim.