“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,” a five-judge Constitution bench headed by Chief Justice J S Khehar said. The observation was made when Attorney General (AG) Mukul Rohatgi, appearing for the Centre, said that the issues of polygamy and ‘nikah halala’ were also part of the order of a two-judge bench which had referred to the Constitutional bench the three issues, including the practice of triple talaq among Muslims.
“The scope of referring had all the three issues that was divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench,” Rohatgi said. The Centre’s assertion assumes significance in the backdrop of the remarks of the apex court that it will only deal with the issue of triple talaq that too if it was fundamental to Islam.
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The AG asked the bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer to make it clear that the issues of polygamy and ‘nikah halala’ are still open and would be dealt by other bench in future.
“It will be dealt in future,” the bench clarified.
The bench is hearing a clutch of petitions challenging the practice of triple talaq among Muslims.
The Centre has resumed its arguments in the case today
The Supreme Court today said it was keeping open for adjudication in the future the issues of polygamy and ‘nikah halala’ among Muslims as the Centre insisted deliberations on these aspects as well.