SC suspends triple talaq for 6 months, asks Parliament to make a law

Agencies
August 22, 2017

New Delhi, Aug 22: In a landmark judgment, the Supreme Court on Tuesday suspended the triple talaq verdict for the next six months with immediate effect. The top court also asked the Parliament to bring in the new law to govern the issue. Three out of five judges hearing the case have declared triple talaq as 'arbitary' and 'unconstitutional'.

A five-judge bench comprising of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer – all from different religious communities including Sikh, Christian, Parsi, Hindu and Muslim – heard seven pleas, including five separate petitions, filed by Muslim women challenging the prevalent practice of triple talaq in the community.

Uttarakhand-based Shayara Bano was the first to file a petition in the Supreme Court of India challenging the constitutional validity of Triple talaq.

Expressing happiness on the judgement, Bano told Zee News, “I know the law of triple talaq cannot end. But the Supreme Court has ended the practice. It's a great judgment for Muslim women across the country and for our future generation.”

She further added, “There is no mention of teen talaq in Quraon. It's a fabrication of the society.”

“I have not even seen my children in the last two-three years. I don't know what's happening to them. I hope no one goes through such tremendous mental pressure. Because of triple talaq, children are suffering physical and mental harassment,” said Bano.

“Triple Talaq is a violation to equlity and the dignity of a woman,” said Monika Arora, Supreme Court advocate.

The judges had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.

The Chief Justice of India (CJI) J S Khehar, while reading the judgement, said that "talaq-e-biddat is not in violation of articles 14,15, 21 and 25 of the Constitution."

He further said the talaq-e-biddat is an integral part of Sunni community, which is being practiced for the last 1000 years.

During the hearing, the top court observed that the practice of triple talaq was the "worst" and "not a desirable" form of dissolution of marriage among Muslims, even though there were schools of thought which called it "legal".

The Centre had told the bench that it introduce a new law to regulate the instant divorce practice among Muslims, if triple talaq is held invalid and unconstitutional by the top court.

The government had termed all the three forms of divorce among the Muslim community - talaq-e-biddat, talaq hasan and talaq ahsan, as "unilateral" and "extra-judicial"

As the Centre sought to flag the issue of gender equality of Muslim women vis-a-vis women in other religions and in Islamic countries, the All India Muslim Personal Law Board (AIMPLB) asked it to bring a law taking recourse to Article 25 (2)(b) of the Constitution that permits enactment of law invoking social reforms.

However, AIMPLB had cautioned the constitution bench that "testing the validity of customs and practices was a slippery slope" and cautioned the bench that "testing the validity of customs and practices was a slippery slope".

In the course of the hearing, the AIMPLB issued an advisory to telling the qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikah.

Senior advocate Kapil Sibal, appearing for All India Muslim Personal Law Board (AIMPLB), had equated the issue of triple talaq with the belief that Lord Rama was born in Ayodhya and these were matters of faith which cannot be tested on grounds of constitutional morality.

Comments

Close your eyes and think who created this, when i was close my eyes i can`t see anything and ask your creator to guide me in Right path , Don't blame Islam , blame yourself that you can`t identify your  creator.

Sangeeth
 - 
Tuesday, 22 Aug 2017

Dear Saleem, If you want to live in India, then you should follow Indian laws and rules. Any country like that only. I cant live in Saudi without following their rules. Modiji is doing right thing in that way...

Sandesh
 - 
Tuesday, 22 Aug 2017

True mr. unknown. "Islam not just a religion its a lifestlye for peaceful life BY DIVORCING WIFE VERBALLY JUST SAYING TALAQ"

Unknown
 - 
Tuesday, 22 Aug 2017

Islam not just a religion its a lifestlye for peaceful life

Saleem
 - 
Tuesday, 22 Aug 2017

SC cant decide our laws

Rakesh
 - 
Tuesday, 22 Aug 2017

Contradiction is in the case of PM

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coastaldigest.com news network
May 17,2020

Benglauru, May 17: A garment company manager jumped to death from his third-floor house on Saturday, four days after having killed his wife and wrapping her body in a blanket. 

Manish Kumar, 42, gave a relative and neighbours frightening moments before committing suicide at AECS Layout, Kudlu Gate, Southeast Bengaluru. The relative had come over after Kumar’s brother called him from Delhi, saying he had stopped responding to phone calls. 

The relative, who lives in Hongasandra, arrived at Kumar’s house around noon. He knocked on the door which was bolted from the inside but didn’t get a response. When he asked the neighbours, they said they didn’t have a clue. The relative and the neighbours decided to break the door open. 

But as they entered the house, they got the shock of their lives. Kumar was slitting his wrist with a blade. He then ran into the bathroom and locked himself in. They followed him and asked him to open the door. But he ignored them. They had to break open the bathroom door, too. By this time, Kumar had slashed his hands, chest and other parts of the body. Waving the blade at them, he asked them to stay away. 

Even the relative and the neighbours pleaded with him to drop the blade, he ran out and jumped off the building. He was taken to a hospital but it was too late. 

A bigger shock awaited them. They felt a foul smell emanating from the house. When they went in, they found the decomposed body of Kumar’s wife, Sandhya, 35, wrapped in a blanket. They called the cops. 

Police found a death note purportedly written by Kumar on May 12. “We suspect he killed her on that day,” said a police officer investigating the case. 

Police said the death note specifies what made Kumar kill his wife and commit suicide. Sandhya suspected him of having an affair since he regularly chatted up some bar dancers he had met in Gurgaon and Delhi. She accessed his phone and saw the calls and the WhatsApp messages he had sent them. The issue rocked their marital life and they often fought over it. He then decided to kill his wife and commit suicide, as per the death note. 

Police said Kumar appeared to have spent the last four days at home, with his wife’s body wrapped in the blanket. “We don’t know whether he tried to dispose of the body or didn’t want to see it,” the officer said. Police couldn’t determine how he killed her and are waiting for the post-mortem report. 

Joshi Srinath Mahadev, DCP (Southeast), said the couple hailed from Bihar. “We are waiting for Sandhya’s relatives to arrive in Bengaluru. A case of murder and suicide has been registered at the Parappana Agrahara police station.” Another officer said the couple had a love marriage.

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News Network
January 16,2020

Bengaluru, Jan 16: Former chief minister Siddaramaiah and other leaders are likely to make the final decision on the name of the next Congress president of Karnataka soon, said party leader Dinesh Gundu Rao on Thursday.

"He (Siddaramaiah) has met all the leaders and I think soon they will make a decision. It has already been delayed, it should not have been delayed so much. I am sure high command will take a decision on this," Rao told reporters here.

Both Siddaramaiah and Gundu Rao had resigned from their posts, Leader of Congress Legislature Party and KPCC president, after the party's drubbing in the bye-elections held for 15 Assembly seats last year.

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News Network
April 28,2020

Kundapur, Apr 28: The local police have arrested two people for threatening and preventing an Associated Social Health Activist (ASHA) workers from discharging their duties during the lockdown.

Police said on Tuesday that the arrested are Sandeep Mesta and Mahesh Kharvi.

According to official sources, the health officials had put Sandeep under quarantine for 28 days.

However, he was seen wandering in the streets and ASHA worker C Laxmi warned him to stay indoors.

Irked by the warning Sandeep, along with his friend Mahesh Kharvi waylaid her and threatened to kill for objecting his movement.

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well wisher
 - 
Tuesday, 28 Apr 2020

Unfortunately both patriot Indians are not belong to any minor community other wise it will be a SUGGHI for karnob Bhow Swamy. Fellow finally lost a bumper crop news.

 

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