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Supreme Court: will decide on constitutional validity of triple talaq not polygamy

 2017-05-11 08:45:16.0

Supreme Court: will decide on constitutional validity of triple talaq not polygamy

Tahlka News Bureau
New Delhi: The five senior most judges of the country of five different faiths have began the hearing on Triple talaq on Thursday. Supreme Court says Muslim men are giving divorce to their wife's very instantly by Triple talaq three times for this we will examine whether triple talaq is fundamental to religion or not but will not rule on polygamy among Muslims.

The constitution bench of the Supreme Court hears seven petitions filed by Muslim women challenging the practice in the community.

Some Muslim women have complained of being divorced on Facebook, Phone calls and on WhatsApp.

Rather than ruling on individual cases, the court had decided to take a call on the legality of such practices. Once the court gives its verdict, it will be for the legislature to decide if the law should be changed.

On its first hearing today, Chief Justice of India JS Khehar who headed the bench, made it clear that the court would examine whether the practice of triple talaq among Muslims is fundamental to their religion and if triple talaq was an "enforceable" fundamental right to practice religion by Muslims.

The court, however, added that polygamy among Muslims may not be part of its deliberations since it is unrelated to triple talaq.

Setting the ground rules for the daily hearings, the court told both sides that they would get two days to present their arguments, and then one more day to rebut the other side's 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.

The bench comprises Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer.

Muslims are governed by the personal law that came into force in 1937.

The Muslim personal law board, however, contends that Muslim practices such as polygamy and triple talaq were matters of "legislative policy" that could not be interfered with by the judiciary.


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