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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News Network
March 15,2020

Bengaluru, Mar 15: All 21 Madhya Pradesh MLAs from Jyotiraditya Scindia's camp, who were lodged here at Prestige Golfshire Club, have been shifted to Ramada hotel in Yelahanka ahead of Monday's floor test in the state assembly.

In view of their arrival, the concerned authorities have strengthened security outside the hotel.

Following the exit of Scindia from Congress, these MLAs claimed to have resigned from the state Legislative Assembly.

On March 11, Congress sent two of its leaders -- Sajjan Singh Verma and Govind Singh -- to Bengaluru in order to pacify some of these rebel MLAs.

Most of the rebel MLAs are perceived close to Scindia and were apparently unhappy at Scindia being "ignored" in the party.
Meanwhile, Madhya Pradesh Congress MLAs, who arrived in Bhopal from Jaipur today morning ahead of the floor test in the Assembly on Monday, have been shifted to Courtyard by Marriott Hotel.

These MLAs were accompanied by senior Congress leader Harish Rawat, who exuded confidence of Kamal-Nath led government winning floor test in the Assembly.

Both Congress and BJP have issued whips to all its MLAs for the legislative assembly session in Madhya Pradesh, which is scheduled to be held from March 16 to April 13.

On Saturday, Madhya Pradesh Governor Lalji Tandon had directed that a floor test will be held in the assembly on Monday.

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News Network
March 18,2020

Bengaluru, Mar 18: In the backdrop of the breakdown of the COVID-19 virus across the state, the ongoing Budget session of the Karnataka Assembly, which is scheduled to end of this month, is likely to be cut short by one week.

According to official sources, the state government, which had shut down all the congregating places including Malls, Theatres, Marriage Halls and banned all the public functions, is in favor of the cutting short the ongoing Assembly session, to give focus on keeping a tab on the COVID-19 disease.

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News Network
July 16,2020

Bengaluru, Jul 16: Former union minister and Senior Congress leader Veerappa Moily on Wednesday said that if at all there is a political future for Sachin Pilot it is in the Congress party.

While speaking to news agency, Moily said Sachin Pilot achieved everything by being in Congress party.

"Sachin Pilot became MP, union minister in UPA-II, PCC president in Rajasthan and Deputy Chief Minister of Rajasthan. Whatever grievances you have, it needs to be resolved within the forum of the party. There is no hurry for Sachin Pilot. If at all there is a future for him it is in the Congress party. He has to realise that. He says he won't join BJP, it is good," Moily said.

The former Union Minister Moily further said that Pilot could not become Chief Minister as in Congress, the high command sends an observer and opinion of MLAs is ascertained, be it in Madhya Pradesh or Rajasthan.

"The leader who enjoys the support of elected MLAs is made Chief Minister," Moily said.
On July 14, Congress party had sacked Sachin Pilot from the post of Deputy Chief Minister of Rajasthan and also from PCC president.

The Rajasthan Congress is in turmoil over the past few days. State Chief Minister Ashok Gehlot has blamed the BJP for attempting to destabilise the state government by poaching MLAs. The Congress government in the state is facing a political crisis after simmering differences between Pilot and Ashok Gehlot came out in the open.

A controversy broke out in Rajasthan after Special Operation Group (SOG) sent a notice to Pilot to record his statement in the case registered by SOG in the alleged poaching of Congress MLAs in the state.

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