The Centre today told the Supreme Court that it would bring a law to regulate marriage and divorce among Muslims if the latter declares the practice of Triple Talaq invalid and unconstitutional, according to PTI.
Appearing for the Centre, Attorney General Mukul Rohatgi said, “If the practice of instant divorce (triple talaq) is struck down by the court, then Centre will bring a law to regulate marriage and divorce among the Muslim community.” Rohatgi said this when asked what remedies a Muslim man would get if he wants to come out of a marriage when Triple Talaq is struck down.
A five-judge bench headed by Chief Justice J S Khehar is hearing a batch of petitions against the practice of Triple Talaq among Muslims. The apex court is hearing a batch of petitions against Triple Talaq since last week. The five-judge bench comprising of members from five different religious communities — Sikh, Christian, Parsee, Hindu and Muslim.
During the last hearing in the case on Friday, the apex court had observed that Triple Talaq was the “worst” and “not a desirable” form of dissolution of marriage among Muslims. The SC made this remark when lawyer Salman Khurshid told the court that several Islamic schools of thought, including the one by All India Muslim Personal Law Board considered triple talaq as “abhorrent”, yet valid.
On Friday, lawyer Farha Faiz, who is opposing Triple Talaq in the SC, alleged that Muslim clerics were running a parallel judicial system like the trial courts and the high courts and the clerics were forcing Muslims not to go to the courts.
Earlier on Monday, the Centre insisted on deliberations on the practice of ‘nikah halala’ and polygamy among Muslims as well. However, the apex court said it was keeping these issues open for adjudication in future. “It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future,” the top court said.