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
February 3,2020

Mumbai, Feb 3: Maharashtra Chief Minister Uddhav Thackeray has accused the BJP-led central government of siding with Karnataka in the Supreme Court over the Belgaum border dispute between Karnataka and Maharashtra.

"I am committed toward a unified Maharashtra... Whatever is happening in Belgaum is shocking. I will meet the committee looking after this matter. The central government is a guardian of all states and is expected to be unbiased towards all states, but it is shocking that Centre is taking sides with Karnataka in Supreme Court for last the five years. This is really shocking," Thackeray said in an interview with Shiv Sena mouthpiece Saamana.

On December 7 last year, Maharashtra Chief Minister Uddhav Thackeray had chaired a high-level meeting over the border dispute between the two states.

It was decided in the meeting that attempts will be made to get fast track hearing on the border issue in the Supreme Court.

Earlier on January 19, Shiv Sena leader Sanjay Raut had said that Belgaum border dispute between Karnataka and Maharashtra is a long-pending dispute but can be resolved if Union Home Minister wants.

"If Home Ministry can resolve Kashmir issue and abrogate Article 370 then I think this border issue can be resolved too if Amit Shah wants. The matter comes under the Home Ministry. It is a long-pending issue. He should pay attention to this too," he said while speaking to ANI in Belagavi.

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coastaldigst.com news network
May 31,2020

Mangaluru, May 31: Karnataka BJP president MP Nalin Kumar Kateel has claimed that there has been no differences of opinion within the state BJP.

"The BJP-led government will complete its term under the leadership of B S Yediyurappa," Kateel told media persons in the city on Saturday.

“A few MLAs had met and discussed the developments in North Karnataka. There is nothing wrong in discussing development keeping in mind the party's interests.”

Indiscipline within the party will not be tolerated. Strict action will be initiated against those who indulge in such activities by the party High Command, he warned.

The government, led by Yediyurappa, has carried out good works in the state. All the MLAs are supporting the chief minister. All the MLAs are in contact with me, claimed Kateel.

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News Network
February 19,2020

Bengaluru, Feb 19: A public interest litigation (PIL) has been filed in the Karnataka High Court, seeking a stay on Anand Singh functioning as Minister of Forests, Environment and Ecology contending that there are criminal cases filed against him by the Ministry.

"A stay be granted prohibiting Anand Singh from functioning as the Cabinet Minister for the Ministry of Forests, Environment and Ecology. Any other order that the Honourable Court may deem fit in the interest of justice and equity," the PIL prays.

The petition, filed by advocate Vijay Kumar, said that the Chief Minister has allocated the portfolio of the Ministry of Forests, Environment and Ecology to Singh without considering the fact that there are several criminal faces filed against him by the Ministry.

It said that the allocation of the Ministry of Forests, Environment and Ecology portfolio to Singh is in the conflict of interest.

"The holding of the post of Cabinet minister for the Ministry of Forests, Environment and Ecology is against public interest and completely in conflict of interest as he has business for which the subject Ministry is the overseeing authority and further he will also have access to the case files which again is in conflict of interest," the PIL said.

PIL adds that "it is pertinent and absolutely necessary" to deny the incumbent from accessing files related to his cases and from taking any decisions which may provide him with pecuniary benefits through his businesses.

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