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.

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 29,2020

Bengaluru, Jan 29: The high court has granted bail to a 37-year-old Bangladeshi woman from the Christian community on the strength of Citizenship (Amendment) Act 2019.

The court cited Section 2 of the amended Citizenship Act 1955, according to which minorities from Pakistan, Bangladesh and Afghanistan who entered India on or before December 31, 2014 should not be treated as illegal immigrants, while granting her bail.

Allowing the petition filed by Archana Purnima Pramanik, an illegal immigrant from Bangladesh, who claims to be staying in India since 2003, justice John Michael Cunha on Monday directed her to furnish a bail bond for Rs 2 lakh to the satisfaction of the investigating officer and cooperate with the probe.

The judge observed the allegations made against her must be proved in a full-dressed trial. Archana was booked for obtaining documents such as PAN and Aadhaar cards and also fraudulently obtaining an Indian passport on March 28 last year. Based on a complaint filed by the assistant passport officer, Archana was arrested on November 7, 2019 and her bail petition was dismissed by a sessions court on December 4, 2019.

Born on March 23, 1983 at Tanore, Rajshahi district of Bangladesh, Archana came to India in 2003 to pursue a career in nursing. After obtaining a diploma in general nursing and midwifery at Ranchi in 2006, she worked in many reputed hospitals.

In 2010, she got married to Rajashekaran Krishnamurthy and the marriage was registered at Ranchi. After the wedding, she moved to Bengaluru and obtained PAN, Aadhaar and voter ID cards.

On April 1, 2019, Archana applied for a visa to Bangladesh for herself and her son. During her journey on May 20, 2019, they were detained at Kolkata airport and released later. However, the regional passport office issued a notice revoking Archana’s passport and she was arrested by RT Nagar police on November 7, 2019.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 15,2020

Bengaluru, Feb 15: The Karnataka Legislative Assembly has decided to set aside two days - March 2 and 3 - for a special discussion over the controversial Citizenship (Amendment) Act continues across the country.

Assembly Speaker Vishweshwara Hegde Kageri told media persons here today that the Assembly would act as a platform for legislators to speak about the relevance of the Constitution and its contributions for the last seven decades. He had already held a round of discussions with senior legislators and all have expressed their willingness to participate in the debate. More details of the discussion would be worked out in the next few days after a meeting of the Business Advisory Committee of the House on February 18.

Asked whether it would be possible to have discussions rising above partisan politics in the present scenario, Mr. Kageri said “I have appealed to members to discuss the Constitution beyond the political prism.” Each member would be asked to speak on a specific topic of the Constitution.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 14,2020

Bengaluru, Jan 14: Days after the Reserve Bank of India (RBI) capped to Rs 35,000 the withdrawal limit of Sri Guru Raghavendra Co-operative Bank, BJP MP Tejasvi Surya on Monday reassured account holders and said Finance Minister Nirmala Sitharaman was personally monitoring the issue.

Taking to Twitter, Surya said, "I want to assure all depositors of Sri Guru Raghavendra Co-operative Bank to not panic. Hon'ble Finance Minister Nirmala Sitharaman is appraised of matter and is personally monitoring the issue. She has assured the government will protect interests of depositors. Grateful for her concern."

The Bengaluru South MP also attached a letter in his tweet where he had appraised Sitharaman of the situation.

"Finance Minister, after speaking with the RBI governor and other authorities concerned, assured Surya that the government will do everything in its capacity to protect the interests of the depositors and the long term interests of the bank," the letter read.

It said that Surya also reached out to Sitharaman "three times on January 13" after which she reassured him that the "depositors need not panic".

RBI had, on January 10, imposed certain restrictions on Sri Gururaghavendra Sahakara Bank Niyamitha.

"In particular, a sum not exceeding Rs 35,000 of the total balance in every savings bank or current account or any other deposit account may be allowed to be withdrawn subject to conditions stated in the above RBI directions," the notification said.

The regulatory body said that the bank will continue to undertake banking business with restrictions until its financial position improves.

"These directions shall remain in force for a period of six months from the close of business of January 10 and are subject to review," it said.

The bank has been restricted from granting or renewing any loans and advances, make any investment, incur any liability including borrowal of funds and acceptance of fresh deposits, disburse or agree to disburse any payment whether in discharge of its liabilities and obligations or otherwise, enter into any compromise or arrangement and sell, transfer or otherwise dispose of any of its properties or assets except.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.