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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Business Desk
June 2,2020

The covid-19 lockdown has thrown wedding plans in disarray in coastal Karnataka like all other activities involving a crowd of people. While many people chose to postpone the scheduled and about to be scheduled weddings, some are going ahead with scheduled plans and holding weddings with no more than 50 guests as per the guidelines issued by the government of Karnataka. 

The government may relax the norms and allow participation of more guests in the future. However, holding wedding ceremonies will be a new challenge when people are returning to a ‘new normalcy.’ Compared to the traditional wedding ceremonies of the region, marriages in the time of Covid-19 are expected to be smaller as the organizers have to adhere to the safety protocol and safe distancing norms. Given this situation, to limit risks and ensure safety, families now will have to consider wedding planners to help them celebrate their weddings.

“The postponed weddings will take place in the coming days as the lockdown is being relaxed in a phased manner. However, it won’t be like our traditional weddings. There won’t be 3000 guests.  Government directives will be have followed. We expect change in trend from big fat weddings to a small, close family, picture perfect weddings,” says Sartaj Beary, Managing Partner, Zawaj Weddings and Events.

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“Ultimately, our society has to adopt an innovative way of marriage. At this point, we can say that any wedding in 2020 will look different as the novel coronavirus has disrupted the weddings everywhere. We know it is a big milestone for families and we at Zawaj are here to assure families that we can help a stress free wedding,” he adds.

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News Network
January 4,2020

Mangalore, Jan 4: Writer-Researcher Dr Indira Heggade has been elected as the president of Mangaluru Taluk Sahitya Sammelan, which will be held on January 29 at St Agnes College in the City.

Dr Indira Heggade has brought out three stories, four novels and one poetry. She co-wrote 'Guttininda Sainika Jagattige' with SR Heggade.

Also, she translated 'Bantaru Vandu Samajo Samskrutika Adhyana' into English.

She is the recipient of various award given by literary and cultural organisations of Karnataka, including Janapada Academy Award, and Rani Abbakka Award.

Indira Heggade, along with receiving several awards in foreign nations, honoured with Sahitya Academy Award, Kamana Rangaswamy Dattinidhi Awards.

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News Network
March 5,2020

Bengaluru, Mar 5: At 11 am on Friday, Chief Minister BS Yediyurappa will present the State Budget for the 2020-2021 fiscal. Coming at a time when the state is facing financial challenges, the budget is expected to have minor tax shocks for citizens, while making space for big-ticket allocations to the agriculture and water resources ministries. Thursday's budget will be Yediyurappa’s seventh.

“Agriculture is our primary focus. The recent gazette notification of the Mahadayi tribunal order is a welcome move for Karnataka and we will make budgetary allocations for this too,” the CM had said.

The cut back in devolution of funds for Karnataka from the divisible pool, trimming of funds from the Union Government for Centrally-sponsored schemes and tax collections falling short of revenue targets have made matters tough for Yediyurappa. The consolation may be the part payment of one installment of GST compensation from the Centre. The GST compensation, in part for the October-November period, was released to the state in time for tabling of the budget.

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