New Delhi: Former Chairman of National Minority Commission and ex-member of Law Commission of India Prof Tahir Mahmood said the talaq ordinance is contrary to the court judgments regarding talaq. In several judgments including Shameem Ara case, the court decided that the talaq given against Quranic way will not be accepted by the courts. Then in the Shayara Bano case last year the Supreme Court declared triple talaq invalid but didn’t hint at bringing the case under any criminal law.
Prof Tahir Mahmood further said that the tradition of leaving the wife illegally is present in every community but under none of the personal laws it has been declared as a crime. The innovation of triple talaq is also a tradition which should be legally banned but criminalizing it will create further problems in Muslim families, he said.