On the third day of the Suprme Court hearing on the triple talaq issue, Attorney General Mukul Rohatgi on Monday informed the five-judge Constitution bench that if the court bans the practice the government is ready to bring in a law holding the instant divorce practice illegal. “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. He told the bench that triple talaq violates Muslim women’s right to equality within the community and also within the country.
Earlier, the apex court made it clear to the Centre that it will only deal with the issue of triple talaq at present due to paucity of time. It said it will keep the issues of nikah halala and polygamy pending for now, ANI has reported. The Centre on Monday insisted deliberations on these two issues as well.
The five-judge bench headed by Justice Khehar was quoted, “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”, as saying by PTI.
The observation came after Attorney General (AG) Mukul Rohatgi said, “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.”
The bench, which began hearing a clutch of petitions on ‘instant triple talaq’ or talaq-e-bidat last week, observed on its first hearing that it will first determine if instant triple talaq is fundamental to Islam while stating that it will not dwell on polygamy and nikah halala.