NEW DELHI: A five-judge constitution bench of the
Supreme Court on Tuesday termed practice of
triple talaq as unconstitutional with 3-2 majority.
Saif Ali Khan Health Update
Here are key points of the judgment:
1. After reading separate judgments, the 5-judge bench of the Supreme Court ruled in 3:2 majority that triple talaq is void and illegal.
2.
CJI J S Khehar and Justice Nazeer said triple talaq is a fundamental right while 3 other judges - Justices Kurian Joseph, R F Nariman and U U Lalit - said it is not a fundamental right.
3. Justice Nariman, Justice Lalit and Justice Kurien said triple talaq was unconstitutional.
4. The
SC put six-month stay on practice of Muslim men giving their wives instant divorce through triple talaq.
5. The SC bench has asked Parliament to make a new law on triple talaq issue in six months.
6. If law doesn't come in force in six months, then SC's injunction on triple talaq will continue.
7. The SC bench referred to abolition of triple talaq in Islamic countries and asked why can't Independent India get rid of it.
8. The SC said "triple talaq violates fundamental right of Muslim women as it irrevocably ends marriage".
9. Justice Joseph said what cannot be true in theology cannot be protected by law.
10. Justices Nariman and Lalit also said that triple talaq granting instant divorce is unconstitutional.
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