LIVE UPDATES: SC verdict on Triple Talaq

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NEW DELHI: A five-judge Supreme Court bench comprises Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer  on Tuesday pronounced the verdict on pleas challenging the validity of triple talaq (divorce) in the Muslim community.

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  • Khehar in his judgement urged parliament to pass a law to deal with the issue. He, however, injuncted Muslim men from pronouncing instant triple talaq for next six months within which he implored the political parties to shed their difference and enact a law.
  • “Talaq-e-biddat (instant divorce) is manifestly arbitrary which allows a Muslim man to break down marriage whimsically,” a bench led by Chief Justice of India JS Kehar announced in a packed courtroom.“It cannot be considered as integral part of personal law and cannot have constitutional protection. It is against Quran and violates the Shariat,” it said.
  • CJI JS Khehar and Justice S Abdul Nazeer were of the view that triple talaq can’t be declared illegal.
  • Justice Nariman,Lalit and Kurien has termed #TripleTalaq as unconstitutional, oppose view of Justice Nazir and CJI Khehar.
  • After reading separate judgements, the SC strikes down instant #TripleTalaq (talak-e-biddat) by 3-2 majority verdict, saying it violates Article 14 of the Constitution.
  • If law doesn’t come in force in six months, then Supreme Court’s injunction on #TripleTalaq will continue.
  • Supreme Court upholds #TripleTalaq practice, asks Union Government to bring legislation.
  • CJI Kehar: “Triple Talaq is important to sunnis of hanafi school, has to be accepted as important to their culture..Triple talaq does not violate article 25, 14 and 21 of the Constitution…Practice being constituent of personal law, it can’t be set aside on ground of constitution morality by judicial intervention. Legislative intervention needs to be followed in respect of#TripleTalaq if it has to be set aside… International conventions do not have any bearing on the subject as the practice is part of personal law.”
  • CJI JS Khehar in Supreme Court: “Despite Rashid Ahmed decision by privy council the issue needs fresh examination. All parties were unanimous that triple talaq is a heinous practice. It won’t be appropriate for the court to observed whether practice is valid as per hadith due to variations in the school”.
  •  All parties inside the courtroom. The apex court likely to deliver verdict on #TripleTalaq .

A 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.