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Triple Talaq Case Live: Not Taking Sides, But Want Gender Justice, Govt Tells SC | May 11, 2017, 7:31 PM IST
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The Supreme Court has commenced hearing on a batch of pleas challenging the constitutional validity of 'triple talaq' and 'nikah halala' among Muslims. A five-judge Constitution bench, headed by Chief Justice JS Khehar, began hearing on seven petitions, including five separate writ petitions filed by Muslim women. The bench comprises four minority judges — CJI Khehar (Sikh), Justice Kurian Joseph (Christian), Justice Rohinton Fali Nariman (Parsi), Justice Abdul Nazeer (Muslim) and Justice UU Lalit.

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May 11, 2017 7:31 pm (IST)

Indira Jaisingh who is appearing for petitioner says that for woman seeking divorce under Muslim law, she has to resort to under the 1939 legislation, but for a man there is no judicial oversight and is completely extra judicial. Hence, court has to decide on this.

May 11, 2017 7:31 pm (IST)

CJI Khehar says we should be clear about two or three things that we will decide whether this practice is fundamental to the practice of Islam. If it is fundamental then the court cannot get into it at all.

May 11, 2017 7:30 pm (IST)

All the judges unanimously hold that polygamy not a part of this issue and hence will not be dealt with. 

May 11, 2017 7:30 pm (IST)

Counsel for All India Muslim Women Personal Law Board says that she want to show the bench pages from the Quran. CJI asks her to wait for her turn. She even cites a book by AIMPLB saying that even this book's validity must be decided as this book will continue to haunt Muslims even after the issue is settled. CJI asks her to wait and says, how do we decide about this book?

May 11, 2017 7:30 pm (IST)

Justice Nariman often infuses humour in serious court room discussions. While hearing submissions on whether Talaq e biddat is an innovation, he says it's a "super fast mode of talaq e ahsan", and what about a man who gives talaq after a couple of drinks at night. Justice Kurian Joseph nods in agreement. 

May 11, 2017 7:30 pm (IST)

Salman Khurshid at intervals submitting his expert opinion to the bench. He has explained the entire mode of Nikah and how is it performed. He explains the process of talaq which takes place over three months with intervals. The amicus curiae has said that woman can either opt for a stated clause in the nikahnama for talaq, or opt for Khula for divorce or opt for Mubara (divorce by mutual consent)

May 11, 2017 7:30 pm (IST)

All 5 juges relying on key HC verdicts by Kerala, Gauhati and Delhi.

May 11, 2017 7:29 pm (IST)

Justice Abdul Nazeer has not commented as yet.

May 11, 2017 7:29 pm (IST)

Justice Rohinton Nariman says let's be very clear on what is being attacked here. It's whether triple talaq forms a part of Islam or not.

May 11, 2017 7:28 pm (IST)

Petitioner have questioned the very locus standi of AIMPLB and said that they are a private organisation who are portraying to be representing Indian Muslims. Hence, petitioners say their views does not matter. CJI Khehar, notes down the point.

May 11, 2017 7:28 pm (IST)

Surprisingly even Senior Advocate Ram Jethmalani appeared today on behalf of a triple talaq victim. He requested the bench so that he may be allowed to make submissions in the case. CJI Khehar says "we will permit you to submit".

May 11, 2017 7:28 pm (IST)

Kapil Sibal says there are various schools of Muslim thought and going into each of them will take time. He dismisses a judgment of Justice Ahmed of the Delhi HC on triple talaq stating that it is a view of the Ahle Hadees school of thought among Sunni Muslims and they are are minority in India. The judgment states that instanteneous Triple triple is not allowed.

May 11, 2017 3:26 pm (IST)

Najma Heptulla, Manipur Governor speaks to CNN-NEws18's Pallavi Ghosh:

It is an anti-women practice... Prime Minister Narendra Modi is very much concerned about the welfare of women... Prophet never allowed this talaq... Marriage is a contract in Muslims...

May 11, 2017 2:33 pm (IST)

Appearing for the Centre, the Attorney General will start arguments from Monday.

May 11, 2017 2:31 pm (IST)

It is not on any side but will fight for gender justice, equality and dignity of women...Triple talaq is against gender justice and dignity of women, Government tells Supreme Court

May 11, 2017 1:10 pm (IST)

SC retorts to Kapil Sibal: This is prime facie related to fundamental rights.

May 11, 2017 1:09 pm (IST)

Triple talaq is unconstitutional, Centre tells Supreme Court 

May 11, 2017 1:00 pm (IST)
May 11, 2017 12:41 pm (IST)

Kapil Sibal appears for All India Muslim Personal Law Board (AIMPLM):

Triple talaq is an issue of faith and personal law and hence it is outside the ambit of judicial review...Parliament can make laws and codify but Courts can't get into it, says Kapil Sibal, who has appeared for All India Muslim Personal Law Board (AIMPLM).

May 11, 2017 12:31 pm (IST)

AIMPLB had on March 27 told the apex court that the pleas challenging such practices among Muslims were not maintainable as the issues fell outside the realm of judiciary. The Board had also said the validity of the Law, founded essentially in the Holy Quran and sources based on it, cannot be tested on the particular provisions of the Constitution. It had said there was a need for "judicial restraint" before going into the constitutional interpretation of these unless such an exercise becomes unavoidable.

May 11, 2017 12:27 pm (IST)

What is Nikah Halala?

Nikah Halala is a practice intended to curb the incidence of divorce under which a man cannot remarry his former wife without her having to go through the process of marrying someone else, consummating it, getting divorced, observing the separation period called 'Iddat' and then coming back to him again.

May 11, 2017 12:01 pm (IST)

Click to Read | Religious Diversity of Triple Talaq Bench Justices Only a Coincidence

Schedule III of the Constitution of India deals with the oaths of office and secrecy to be taken by ministers and justices.

May 11, 2017 11:54 am (IST)

Triple Talaq has no place in a modern state, says Chetan Bhagat

May 11, 2017 11:42 am (IST)

There is a process for divorce to be finalised after talaq is uttered thrice over 3 months... It becomes irreversible only if it is not revoked, says Salman Khurshid, who is assisting the bench on the key constitutional questions.

May 11, 2017 11:22 am (IST)

We hope that the women in our community get justice, says Maulana Yasoob Abbas

May 11, 2017 11:16 am (IST)

The bench has started to hear the first petition which is of Shayara Bano, who suffered instant, oral and unilateral triple talaq in October last year after 15 years of marriage. She went ahead and challenged the very provision of instantaneous triple talaq (talaq-e-bidat) and polygamy and nikah halala.

May 11, 2017 11:10 am (IST)

The apex court made it clear that each side will get two days each for canvassing their arguments on the two questions formulated by the bench and one day will be given for the rebuttal. The apex court also made it clear that it would stop any counsel who will repeat the arguments. "Each side can argue whatever they want but there should not be any repetition. They will only focus on the validity of triple talaq," the bench said.

May 11, 2017 11:00 am (IST)

Maulana Khalid Rashid Firangi Mehal on CNN-News18: 

Triple Talaq is a part of our personal law...The Constitution gives us the right to practice our personal laws. No one has the right to interfere in it. Allahabad HC should have refrained from observation on triple talaq when Supreme Court is hearing the case. Only 5% of divorce cases in the country are from the Muslim Community.

Criticising the media, Maulana Khalid said Muslim women are not running to the media but media is running for such stories.

May 11, 2017 10:55 am (IST)

As the hearing begins, the Supreme Court has clarified that it will not hear the polygamy issue and will rule only on the constitutional validity of triple talaq and nikal halala. It will examine whether these are integral to Islam, reports CNN-News18’s Utkarsh Anand.

May 11, 2017 10:45 am (IST)

Five-judge Constitution bench of the Supreme Court begins hearing on validity of triple talaq

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Triple Talaq Case Live: Not Taking Sides, But Want Gender Justice, Govt Tells SC
(Representation Image/REUTERS)
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