Will deal with only legal aspect of triple talaq: Supreme Court

February 14, 2017

New Delhi, Feb 14: Supreme Court on Tuesday said it would decide issues pertaining to "legal" aspects of the practices of triple talaq, 'nikah halala' and polygamy among Muslims and would not deal with the question whether divorce under Muslim law needs to be supervised by courts as it falls under the legislative domain.muslim-marriage copy

"You (lawyers for parties) sit together and finalise the issues to be deliberated upon by us. We are listing it on Thursday for deciding the issues," a bench comprising Chief Justice J S Khehar and Justices N V Ramana and D Y Chandrachud said.

The bench made it clear to the parties concerned that it would not deal with the factual aspects of the particular case and would rather decide the legal issue.

"We are not interested with facts at all. We are only interested in dealing with the legal issue," the bench said.

The apex court said that the question whether divorce under Muslim Personal Law needs to be supervised by either courts or by a court-supervised institutional arbitration falls under the legislative domain.

The court, meanwhile, allowed the lawyers to file small synopsis of cases pertaining to alleged victims of triple talaq.

The Centre had earlier opposed the practice of triple talaq, 'nikah halala' and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.

The ministry of law and justice referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries.

Responding to a batch of petitions including the one filed by Shayaro Bano challenging the validity of such practices among Muslims, the Centre first dealt with the right of gender equality under the Constitution.

All India Muslim Personal Law Board, however, had rubbished the stand taken by the Narendra Modi government that the apex court should re-look these practices as they are violative of fundamental rights like gender equality and the ethos of secularism, a key part of the basic structure of the Constitution.

Another prominent Islamic organisation Jamiat Ulema-i-Hind told the court there is no scope for interference with the Muslim Personal Law in which triple talaq, 'nikah halala' and polygamy are well rooted and stand on much higher pedestal as compared to other customs.

Comments

Hindustan Hamara
 - 
Tuesday, 14 Feb 2017

Spineless government is mute spectator to dalit discrimination and rss terrorism talking about Muslim Law. Chaddi Ravi Shankar Prasad should resign. He is not good for Indian Society. Who is he to say what is good for Indian Muslims? Can I say that beef is good for Brahman and it is law that every Brahman should eat beef along with vegetables? Triple talaq in one sitting is not widely practiced in India but it is ISLAMIC LAW which can be applied in rarest of rare case subject to Qazi'? approval. Triple talaq in 3 sitting is widely practiced in Indian society. Govt should think about improving people'? lives rather than peeping in people'? bedrooms and bathrooms.

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coastaldigest.com news network
May 27,2020

Mangaluru, May 27: Karnataka’s twin coastal districts of Dakshina Kannada and Udupi today reported 11 and 9 fresh covid-19 cases respectively.

In Dakshina Kannada the covid-19 patients include seven women and four men who had recently come from Maharashtra.

One of the patients is a 3-year-old child. Others are girls aged 11 and 17, women aged 36, 37, 45, 59 and men aged 22, 35, 39 and 46.

All of them have been shifted to covid-19 hospital from different institutional quarantine centres. 

In Udupi too all the nine people – six men, a boy, and two women -  had come from Maharashtra a few days ago.

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News Network
January 13,2020

Bengaluru, Jan 13: Right-wing organisations, along with BJP and RSS workers, will take out a massive padayatra in Kanakapura on Monday, protesting against the construction of a Jesus Christ statue.

The event organised by the Hindu Jagarana Vedike (HJV) will witness a rally from the Aiyappa temple in Kanakapura to the taluk panchayat office, where a memorandum will be submitted to the authorities following a public meeting.

Ahead of the event, Congress leader D K Shivakumar, in a video message released on Sunday, urged the people of Kanakapura to maintain calm. The former minister cast apprehensions over the event scheduled on Monday and said provocative statements may be made to disturb peace and harmony in Kanakapura.

Shivakumar, who represents the Kanakapura constituency, said the motive of the meeting by the leaders and workers of the BJP and the RSS, along with seers of mutts, was to defame his constituency.

“If any remarks are made against me, my brother (D K Suresh) or people of different faiths in Kanakapura constituency, do not be provoked,” he urged.

“Members of the (Christian) community have prayed at the site for 400 years and are trying to install a statue of Jesus Christ. I have helped the community like I aided hundreds of temples and educational institutions,” he said.

Appealing to maintain peace, Shivakumar said that BJP and RSS leaders were free to petition anybody.  

The BJP and right-wing organisations have objected to the construction of the statue at Kapala Betta, with the BJP government ordering a probe into how road, power supply and other facilities were provided to the hill. Recently, Christian leaders had petitioned Chief Minister B S Yediyurappa to remove any impediments to the construction of the statue.

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News Network
July 27,2020

Kasaragod, Jul 27: Seven persons belonging to two relative-families who attended a funeral recently had been tested positive for Coronavirus on Monday.

Sources said the two families had been to Thavinjal near here for the funeral of a man who died at the Kozhikode Medical College Hospital on July 19.

Later, the samples of these seven persons were sent for testing after they developed symptoms of COVID-19, the result of which came out on Monday.

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