The Supreme Court today struck down triple talaq terming the practice of instant divorce among Muslims as "void, illegal and unconstitutional". The 5-judge bench of the apex court, in a split verdict, said triple talaq is not intrinsic to Quran.

Supreme Court has banned instant triple talaq, not triple talaq

The Supreme Court bench in a 3:2 verdict said that triple talaq is unconstitutional and violative of Articles 14 and 15. While three of the five judges hearing the case described triple talaq as unconstitutional, two others, including Chief Justice JS Khehar wanted a six month ban on the practice until Parliament brings in a law.

"In view of the different opinions recorded, by a majority of 3:2 the practice of 'talaq-e-biddat'- triple talaq is set aside," the order of the court said.

While Justices RF Nariman and UU Lalit held that triple talaq is unconstitutional and violative of Article 14, Justice Kurian Joseph struck down the practice on the ground that it goes against shariat and the basic tenets of the Quran. Chief Justice JS Khehar and Justice Abdul Nazeer dissented.

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CJI Khehar, while pronouncing the verdict, however, upheld the practice and said, "Talaq-e-biddat is not violative of articles 14, 15, 21 and 25 of the Constitution."

Judges who were in favour of a new law over triple talaq also expressed hope the Centre would take into account concerns of Muslim bodies and Sharia law while enacting a law.

The apex court reportedly referred to the abolition of triple talaq in Islamic countries and asked "why can't independent India get rid of it."

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A five-judge constitution bench headed by Chief Justice J S Khehar had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation. During the hearing, the apex court had clarified that it may not deliberate upon the issue of polygamy and said it would only examine whether triple talaq was part of an 'enforceable' fundamental right to practice religion by the Muslims. Besides CJI Khehar, the bench also included Justices Kurian Joseph, R F Nariman, UU Lalit and S Abdul Nazeer. 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. The petitioners had claimed that the practice of triple talaq was unconstitutional. The Muslim women, who had filed the petitions, have challenged the practice of 'triple talaq' in which the husband pronounces 'talaq' thrice in one go, sometimes even by phone or a text message, to get a divorce. During the hearing, the apex court had observed that the practice of triple talaq was the 'worst' and 'not a desirable' form of dissolution of marriage among Muslims, even though there were schools of thought which called it 'legal'. Several lawyers including noted jurist Ram Jethmalani had attacked the practice on various constitutional grounds including the right to equality and termed it 'abhorrent'.

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