SC reserves verdict on triple talaq after hearing Centre, AIMPLB for 6 days

New Delhi: The Supreme Court on Thursday reserved its verdict on a batch of petitions challenging constitutional validity of the practice of triple talaq among Muslims.

A five-judge Constitution bench headed by Chief Justice J S Khehar heard the issue for six days during which various parties including the Centre, All India Muslim Personal Law Board, All India Muslim Women Personal Law Board and various others made the submissions.

The bench, also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, had begun the hearing on May 11.

The members of the bench are from different religious communities including Sikh, Christian, Parsi, Hindu and Muslim.

The bench had made it clear that it would examine whether the practice of triple talaq among Muslims is fundamental to their religion and had also said for the time being it will not deliberate upon the issue of polygamy and 'nikah halala'.

It had also said that the issue of polygamy and 'nikah halala' would be kept pending and will be dealt with later. Nikah Halala is a practice intended to curb the incidence of divorce under which a man cannot remarry his former wife without her going through the process of marrying someone else, consummating it, getting divorced, observing the separation period called 'Iddat' and then returning to him.

The apex court had on its own taken cognisance of the question whether Muslim women faced gender discrimination in the event of divorce or due to other marriages of their husbands.

During the trials, the Centre had told the apex court that it would bring a law to regulate marriage and divorce among the Muslim community if triple talaq is struck down.

The Centre got an assurance from the apex court that these aspects were open and would be dealt with later. The apex court bench said the government has to first pass the test of "essentiality" and prove that 'triple talaq' is not an essential part of Islam, as this will amount to "tinkering" with religion.

Presenting the case on behalf of the government, Attorney General Mukul Rohatgi had on Wednesday told the Supreme Court that the issue of ‘triple talaq’ should not be seen as discrimination between majority and minority communities or the majority forcing its views on minority.

The hearing assumed significance as the apex court has heard the matter during the summer vacation.