Triple Talaq case: SC puts 6 months stay on instant Talaq

The Supreme court pronounced its historic verdict on the controversial triple talaq on Tuesday and put an injunction on the 'instant Talaq' for a period of 6 months from this day. Supreme Court has ordered that Parliament must introduce a legislation regarding this practise.

Thebench by a 3:2 majority judgement said there is no constitutional protection for triple talaq.

The five-judge Constitution bench headed by Chief Justice J S Khekar, has Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer, who deliberated the matter. 

A tug of war of opinions occurred as CJI JS Khehar said Talaq-e-biddat is an integral part of Sunni community practiced since 1000 years. 

However, Justice Nariman, Lalit and Kurien said that triple talaq is unconstitutional, banned in law and lacks approval of the Shariat, opposing the view of Justice Nazir and CJI Khehar.

On May 18 2017, the bench had  reserved its verdict on a batch of petitions challenging the constitutional validity of triple talaq after hearing the matter for six days from May 11. Further,  the bench had clarified during the hearings, that it would deliberate only on whether the practice of 'Triple Talaq' is foundational to the muslim community and the issues such as polygamy and 'Nikah Halal' would not be deliberated upon.

The Supreme Court’s judgment on the constitutionality of triple talaq may also decide the age-old debate whether personal laws can be brought under the ambit of Article 13 (laws inconsistent with or in derogation of the fundamental rights) of the Constitution.

The bench had heard several pleas filed by the petitoners who had been divorced through this practise. Out of the six petitions, three were taken up before the Supreme Court. The main plea has been filed by Uttarkhand-based Shayara Bano, whose husband of 15 years divorced her by pronounced triple talaq.

The practise has been slammed and deemed as 'worst' practise and not a genuine form of dissolution of marriage by several senior lawyers including Ram Jethmalani, Former Attorney General Mukul Rohtagi and several other politicos.