The Supreme Court on Tuesday declared the Muslim divorce pratice of Triple Talaq 'illegal' in a 3-2 historic judgement, saying it was 'void' and 'unconstitutional'.
The apex court held that the triple talaq was against the basic tenets of Quran.
"In view of the different opinions recorded by a majority of 3:2, the practice of 'talaq-e-biddat' – triple talaq is set aside," a five-judge constitution bench said in a 395-page order.
While Chief Justice J.S. Khehar and Justice S. Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq and asking the government to come out with a law in this regard, Justices Kurian Joseph, R.F. Nariman and U.U. Lalit held it as violative of the Constitution.
The majority verdict said any practice including triple talaq which is against the tenets of Quran is unacceptable.
The three judges also said the practice of divorce through triple talaq is manifestly arbitrary and violative of the Constitution and must be struck down.
The minority verdict by CJI Khehar and Justice Nazeer, which favoured keeping on hold the practise of triple talaq for six months, asked the political parties to set aside their differences and help the Centre in coming out with a legislation.
The judges in the minority verdict said that if the Centre does not bring a law within six months, then its injunction on triple talaq will continue.
CJI Khehar and Justice Nazeer in their minority verdict expressed hope that the Centre's legislation will take into account the concerns of Muslim bodies and the Sharia law.
The bench, made up of judges from different religious communities -- Sikh, Christian, Parsi, Hindu and Muslim, had heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalent practice of 'triple talaq' in the community.
Here is the full text of the Supreme Court order on Triple Talaq:
With PTI Inputs
