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It's the 'Worst Form' of Ending Marriages, Says SC

It's the 'Worst Form' of Ending Marriages, Says SC

Triple talaq is the "worst and undesirable form" of dissolution of marriage among Muslims, the Supreme Court observed on Friday as it continued hearing into the constitutional validity of the practice that lets Muslim men divorce by saying the "talaq" thrice.

Another senior advocate Indira Jaising, appearing for one of the petitioners, said in the case of divorces being granted through the extra-judicial mechanism, there should be a "judicial oversight" to deal with the consequences.

"There is no saving grace for this method of granting a divorce. One-sided termination of marriage is abhorrent, and hence, avoidable".

How can a woman be allowed to become ex-wife only because her husband wants and this is "the highest kind of unconstitutional behavior", the noted jurist said.

But the country's supreme court has now opened a hearing into petitions that challenge the controversial triple talk practice - and claim that it is discriminatory.

Khurshid said the irrevocable nature of Triple Talaq can be negated if the three-time pronouncement of Talaq in one go is considered one leaving the scope for reconciliation and reunion during the "iddat" (waiting) period. The SC then sought to know if triple talaq is India specific, then what led to its repeal in other countries.

The instant divorce in Islam is called the "triple talaq", as a man can divorce his wife by simply uttering "talaq" (divorce) three times.

"Triple talaq is not about religion or politics". The apex court also said if it came to the conclusion that triple talaq was fundamental to religion, then it will not get into the question of its constitutional validity.

Many Muslim groups have opposed the court's intervention in their religious matters, although the move has the backing of the current Indian government of Prime Minister Narendra Modi.

Supporting the position of consummation the act of Triple Talaq, the Allahabad High Court had before attested that the privileges of any individual, including Muslim ladies, can't be disregarded for the sake of "individual law".

At the head of the anti "triple talaq" lobby is a Muslim organization- Bharatiya Muslim Mahila Andolan (BMMA).

It has also contended that Article 25 (1) of the Constitution, or, for that matter, any fundamental right, guaranteed under the Indian Constitution, can not be in variance to "principles of natural justice", gender justice and a right to equality and dignity. While the Hindu law overhaul began in the 1950s, activists have long argued that Muslim personal law remains mostly unchanged. "Issue of gender justice is there", Mr. Mehta said.


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