The trial on the triple divorce is going on in the Supreme Court. During the hearing, Justice Nariman said that divorce given in intervals of 3 months will not be considered. He said that the hearing on the issue of three divorces will be held simultaneously.
At the same time, Congress leader and lawyer Salman Khurshid, who was involved in the hearing, said that the divorce could not be considered valid if the peace attempt was not taken.
The Supreme Court has asked for a review of triple divorce. At the same time, the court said that if required it will be heard on the halal marriage.
The five-member Constitutional Bench headed by Chief Justice said that polygamy will not be reviewed. At the same time the court said, “We will review whether three divorces are integral to religion.”
The three Supreme Court judges asked for:
-Talak-e-Bidtaa i.e. three divorces and marriage at one time is integral part of the halala religion or not?
Can these two issues be linked to the fundamental rights of women?
-Will the court enforce an order by terminating it as a fundamental right?
The Supreme Court said that all parties will issue their cross-examination on these issues.
If it is the part of religion, do not interfere.
The Supreme Court said, “If we believe that three divorces are part of religion then we will not interfere in it.
The Supreme Court had sought opinion from all the parties in the previous hearing and had said that the court will first decide on 11th of the issues on which the matter will be heard.
How to get started
Shayra Bano of Kashipur in Uttarakhand filed an appeal in the Supreme Court last year challenging the constitutional status of the three divorces together and the conduct of the marriage. It also challenged the polygamy of Muslims.
Shayra Bano also challenged the Desolation of Muslim Marriage Act, saying that it has failed to save Muslim women from two marriages (two weddings). In his petition, in his petition, Muslim Personal Law, under the issue of gender discrimination against women, unilateral divorce and guarantee in the constitution, despite being first married, has asked the Supreme Court to consider the issue of second marriage by Muslim husband.
SC took cognizance
In another case, the Double Bench of the Supreme Court himself took cognizance and had urged the Chief Justice to constitute a special bench so that the case of Muslim women, who are victims of discrimination, could be seen. The Supreme Court had asked the central government’s attorney general and the National Legal Service Authority to file a response and asked whether the Muslim women who are victims of discrimination should not be considered a violation of their fundamental rights.
Judge of every religion in constitutional bench
The Constitutional Bench of the Judges who will hear on this matter includes judges of different religions. The members of the back are from Sikh, Christian, Parsi, Hindu and Muslim communities. In which Chief Justice J. s. Kher, Justice Kurian Joseph, Justice R. F. Nariman, Justice U. U Fine and Justice S. Abdul Nazir is included.
Government has kept its stand in the Supreme Court on this matter
The Central Government has kept its stand in the Supreme Court on this matter. The government considers three divorces against human rights. Recently, Prime Minister Narendra Modi had appealed to Muslim religious leaders to not allow the issue of three divorces to be a political issue and to play a leading role in reform.
AIMPLB told interim case
The All India Muslim Personal Law Board (AIMPLB) told the apex court that three divorces are an internal matter of Islam and the board will make general opinion on the matter for a year and a half.
Allahabad HC said unconstitutional
Allahabad HC has declared three divorces as unconstitutional. The hearing in this case has become even more important as the Allahabad High Court in its final decision in April last, in its decision, had described the practice of three divorces as one-sided and out of the law.
