In a big development, Prime Minister Narendra Modi-led Union Cabinet today cleared Triple Talaq Bill. The Cabinet meeting was held this afternoon even as the Parliament Winter Session began this morning. The government was expected to table 25 pending bills and 14 new ones, including a bill providing Muslim women the right to seek maintenance in case of triple talaq.
Earlier in August, In a landmark verdict, the Supreme Court by a majority of 3:2 had ruled that the practice of divorce through triple talaq among Muslims is “void”, “illegal” and “unconstitutional” The apex court then held that the triple talaq is against the basic tenets of Quran.
While Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq, asking the government to come out with a law in this regard, Justices Kurian Joseph, R F Nariman and U U Lalit held it as violative of the Constitution
The majority verdict said any practice including triple talaq which is against the tenets of Quran in unacceptable. The three judges also said the practice of divorce through triple talaq is manifestly arbitrary and violative of the Constitution and must be struck down.
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The minority verdict by CJI Khehar and Justice Nazeer, which favoured to keep on hold the practice of triple talaq for six months, asked the political parties to set aside their differences and help the Centre in coming out with a legislation
The judges in the minority verdict said that if the Centre does not bring a law within six months, then its injunction on triple talaq will continue
CJI Khehar and Justice Nazeer in their minority verdict expressed hope that the Centre’s legislation will take into account concerns of Muslim bodies and the Sharia law.