The five member constitutional bench of Supreme Court on Tuesday ruled against the practice of divorce through Triple Talaq. As per the order practicing divorce through ‘instant Talaq’ among Muslims will now be illegal and unconstitutional.
“In view of the different opinions recorded, by a majority of 3:2 the practice of ‘talaq-e-biddat’ – triple talaq is set aside,” the court said in its order.
The five member constitutional bench by a majority of 3:2 termed Triple Talaq against the basic tenets of Quran.
Justices Kurian Joseph, R F Nariman and U U Lalit ( the majority in the bench) held it as violative of the Constitution.
“Any practice including triple talaq which is against the tenets of Quran is unacceptable,” said the majority judgment adding that “practice of divorce through Triple Talaq is manifestly arbitrary and violative of the Constitution and must be struck down.”
Justices Kurian Joseph and Rohinton Fali Nariman gave separate judgments against the validity of instant talaq; Justice U.U. Lalit supported Justice Nariman’s judgment.
“… This form of Talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it. This form of Talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution of India,” Justice Rohinton Fali Nariman said.
Chief Justice J S Khehar and Justice S Abdul Nazeer together delivered a judgment and ordered that the practice of triple talaq be put on hold for six months until the government comes out with a law.
The judges in the minority verdict said that if the Centre does not bring a law within six months, then its injunction on triple talaq will continue.
“We therefore hereby direct, the Union of India to consider appropriate legislation, particularly with reference to ‘talaq-e-biddat’. We would also beseech different political parties to keep their individual political gains apart while considering the necessary measures requiring legislation,” the order said.
The judges also expressed hope that the Centre’s legislation will take into account concerns of Muslim bodies and the Sharia law.