Center approaches HC, says if all the forms of Talaq will go, we will form a new and justified Divorce Law.

The center has made an attempt to seek judicial review of the Honorable Supreme Court of the different forms of Talaq being practiced under the Muslim Law. This included talaq, Nikah Halala & polygamy. However, the attempt was rejected by the SC. 

Quoting ‘TALAQ’ a discretionary power that must be practiced wisely, the center presented a report to a 5-judge bench and state the in all forms of talaq which also includes triple talaq, the center would make a law that will determine the rights of the Muslim men& women concerning divorce & marriages. 

However, making the latest national news, the Supreme Court does not look pleased with the offer. “The manner, in which you are dealing with the case, will finish their (minority) rights.” The bench further added that because of “paucity of time” they will only consider triple talaq issue this time and all the other issues will be addressed later. 

Attorney-General Mukul Rohatgi, in his attempt, urged the bench to address the issues of polygamy & Nikah Halala. 

Rohtagi represents the center in the offer. He said, “It is inconceivable that one-half of a major community of this country suffer from lack of equality, status, and dignity as compared to womenfolk of other religious communities in this country as also womenfolk of the same community in other countries.” 

The constitutional bench was headed by Chief Justice JS Khehar. The other members of the bench include justices Kurian Joseph, RF Nariman, UU Lalit and S Abdul Nazeer said, “Going by your argument, all forms of talaq are arbitrary and extra-judicial. If we strike down the unfettered right of the husband to unilaterally seek talaq, what remedy will be available to a Muslim husband to come out of marriage. Is it not beyond the purview of the judicial court to do so.” 

Replying to this, the A-G said, “If all three forms of talaq - talaq-e-hasan, talaq-e-hasan, talaq-e-biddat - are held to suffer from the vice of unconstitutionality, the Centre will bring a law to fill the vacuum.” 

Rohtagi also urged the court “The question to answer in this case will be whether women of one religion can be denied the full play of Fundamental Rights under the Constitution. Our argument is that all forms of talaq are opposed to the dignity of woman.” 

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