Supreme Court reserves verdict on triple talaq

Five-judge Constitution Bench headed by Chief Justice J.S. Khehar heard the issue for six days from May 11.

May 18, 2017 02:18 pm | Updated December 04, 2021 10:44 pm IST - New Delhi

Supreme Court. File

Supreme Court. File

The Supreme Court on Thursday 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.

A five-judge Constitution Bench was headed by Chief Justice J.S. Khehar and comprised Justices Kurian Joseph, R.F. Nariman, U.U. Lalit and Abdul Nazeer.

Various parties, including the Union government, the All India Muslim Personal Law Board, the All India Muslim Women Personal Law Board and many others made submissions during the hearing.


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


‘Nikah halala’ is intended to curb the incidence of divorce. Under the pracice, 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.

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


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