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
June 9,2020

New Delhi, Jun 9: Elections to seven seats of the Karnataka Legislative Council will be held on June 29, the poll panel announced on Tuesday.

The seven seats are falling vacant on June 30, according to an Election Commission statement.

Members of the Karnataka Legislative Assembly will vote on June 29 to elect the seven new MLCs.

The Commission has directed the Karnataka chief secretary to depute a senior officer to ensure that the  instructions regarding COVID-19 containment measures are complied with during the elections.

The counting of votes will be held on the evening of June 29 after completion of polls, as per practice.

The notification for the elections will be issued on June 11, the statement said.

MLCs are usually elected by four types of electors -- MLAs, Graduates, Teachers and members of local authorities.

On Monday, the Commission had deferred elections to four seats of the Karnataka Legislative Council -- two each from Teachers and Graduate constituencies -- falling vacant on June 30 due to the outbreak of the novel coronavirus.

"If MLAs are electors, the size of the electorate is small and the assembly building is the only polling station. When the electorate is teachers or graduates, the number of those who can vote is higher.

Due to the virus, Commission only allowed polls to seats where MLAs are the electors to prevent large gatherings," explained a senior EC functionary.

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News Network
May 12,2020

Mangaluru, May 12: The Karnataka government has ordered that Dakshina Kannada and Udupi districts be considered as one unit for the movement of people to undertake permitted activities between 0700 hrs to and 1900 hrs.

Principal Secretary and Member Secretary, Karnataka State Disaster Management Authority, T K Anil Kumar, in an order, said that there was no need for different passes for commuting by people between these two districts.

However, people should carry their identity cards issued by their respective enterprises/ companies to show that they are carrying out permitted activities only, he said.

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News Network
May 5,2020

Bengaluru, May 5: A 62-year-old woman from Vijayapura succumbed to coronavirus infection on Tuesday, taking the COVID-19 death toll in Karnataka to 28, a health official said.

The state has registered eight more COVID-19 cases in the past 19 hours, increasing the count of such cases to 659, the official added.

"Positive case 640, 62-year-old female resident of Vijayapura died on Tuesday due to cardiac arrest," the health official said.

Admitted to a designated hospital''s ICU on Sunday, the woman was also suffering from Chronic Obstructive Pulmonary Disease (COPD), Bronchial Asthma (BA) and complained of breathlessness.

Among the eight fresh cases that emerged in the state, four were contacts of earlier cases, two with Influenza Like Illness (ILI) and one with travel history to Uttarakhand.

The health department is also tracing the contact history of a 30-year-old woman from Bengaluru Urban.

Incidentally, no new cases emerged from Davangere as 22 cases rocked the district on Monday.

Among the new cases, Bengaluru Urban contributed 3, followed by Bagalkote, 2, Ballari, Dakshina Kannada and Bhatkal in Uttara Kannada, 1 each.

Of the new cases, six are men and two women.

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