New Delhi, May 12: The Chief Justice of India, Justice JS Khehar has observed that there is no mutual consent in the system of triple talaq. He made the observation during the hearing on triple talaq and allied issues by the five-member bench in the Supreme Court. The bench is currently examining the constitutional validity of the system of instant divorce in Muslim community. The judge, however, also said that Article 15 of Constitution talks about State law whereas they were talking about the personal law.Also Read - Ghar Wali Diwali: Amrapali Homebuyers to Get Possession of Their Flats on Nov 4 | Read Details
Meanwhile, the apex court made a strong observation as to the practice of triple talaq as it called it the ‘worst and undesirable form’ of dissolution of marriage among the members of the Muslim community. The court, however, said that the system is considered legal in certain schools of Islam. Also Read - '100 Protesters in Rally And Only 23 Eyewitnesses?' SC Raps UP Govt Over Farmers' Killing in Lakhimpur
Meanwhile, senior advocate Ram Jethmalani abhorred the practice and said the system is in contravention of the Article 14 of the Constitution, which guarantees the right to equality. Appearing for Forum for Awareness of National Security, the counsel said the triple talaq is a method of terminating marriage contract which lies only with men but not with women. Meanwhile, former minister Salman Khurshid told the bench that judicial review of the matter was not required. Meanwhile, additional solicitor general Tushar Mehta put forward government’s stand on the issue. He submitted to the court that the Centre was against triple talaq. (Highlights) Also Read - NEET-PG Counselling 2021: Supreme Court Tells Centre to Put NEET-PG Counselling on Hold Until Decision on OBC, EWS Quota
The bench on Thursday said that it would only examine the constitutional validity of triple talaq and nikah-halala. The court had asked what options were there for the members of the community for divorce apart from triple talaq. The bench is hearing seven petitions, including five by Muslim women.
Meanwhile, petitioners have appealed to the court that Darul Qaza should be banned as it acts like a parallel judiciary.