Among the Muslim the Triple Talaq is the "worst and undesirable form" of dissolution of marriage, On Friday the Supreme Court observed as it continued hearing into the validity of Constitutional of the practice that let Muslim men divorce by saying the ‘Talaq’ three times. The five senior most judges of country headed by Chief Justice of India JS Khehar started the hearing yesterday and expected to go on for the next week or so.
During Friday’s hearing the court was informed that many countries such as Pakistan, Morocco, Afghanistan and Saudi Arabia not allow Triple Talaq to dissolve marriages.
The "school thoughts that says triple talaq is legal, but it is not desirable and worst form for dissolution of marriages among Muslims," Justice Rohinton Fali Nariman, a member of the five-judge constitution bench said.
Observation by Justice Nariman’s when Senior Advocate Salman Khurshid, was asked to assist the court, appeared to suggest that the triple talaq practice was optional. That women had a right to stipulate in the 'nikahnama' that the husband would not have the right to divorce through triple talaq.
The clear right is been made by the court in the beginning that it would examine if the triple talaq is essential part of Islam. It would not go any further, is in this case.
The bunch of petition is being heard by the court, from some Muslim women who were divorced by WhatsApp to ask the court to put an end to triple talaq. The content is been supported by the government and asked that the court expand the ambit of the proceedings to cover polygamy and other such practices as well. The suggestion was not accepted.
The Judges on Thursday had wondered how Muslim men would divorce if the court were to strike down the triple talaq. . The bench that also comprises Justice Kurian Joseph, Justice Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer was concerned that if the legislature did not act, such a verdict could create a legal vacuum.
Ram Jethmalani, is a representing one of the petitioners, called triple talaq abhorrent to the tenets of holy Quran because it makes a distinction on the ground of sex. "No amount of advocacy can or will save this sinful, repugnant practice which is contrary to the constitutional provisions," he added. "Law cannot allow wife to become an ex-wife "at the fancy of the husband" and it is "the highest kind unconstitutional behaviour", he said.