LAW MANTRA     (Think Beyond Others)

SC: Triple Talaq is a Dangerous practice

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Now days, SC is regularly hearing a matter regarding the constitutionality of Triple Talaq, while hearing a matter five judges constitutional bench observed that school of thoughts which say that triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims.

Former Union Minister and senior advocate Salman Khurshid, who is assisting the court in this matter tried to favor Triple Talaq, told the bench that it is not an issue where judicial scrutiny is required and moreover women have the right to say ‘no’ to triple talaq by stipulating a condition to this effect in ‘nikahnama’.

It is very interesting observation had made that most of the Islamic countries do not allow triple talaq as a form to dissolve marriages. Senior Advocate Ram Jethmalani appearing for one of the victim argued that this practice violates Article 14 as this practice only gives power to husband not wife. Hence it should be declare void by virtue of Article 13 of Indian Constitution.

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