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SC Begins Hearing Triple Talaq Petition, Will Not Rule on Polygamy

The-11-05-17 of the Supreme Court summer vacation, a unique bench of five judges from five different faiths began hearing the proceedings on ‘triple talaq’.


CJI JS Khehar had said that the bench will hear the case over the period of the next six days and will rule on the matter by the end of the sixth day.


The lead petition is titled “Quest for Equality vs Jamiat Ulama-i-Hind”, keeping in line with the sensitivity of the matter. The five judges are CJI JS Khehar (Sikh) and Justices Kurian Joseph (Christian), RF Nariman (Parsi), UU Lalit (Hindu) and Abdul Nazeer (Muslim).


The constitutional and legal validity of ‘triple talaq’, ‘nikah halala’ and polygamy practices among Muslims will be challenged as seven petitions will be heard. Five separate writ petitions have been filed by Muslim women challenging the practice of triple talaq, terming it unconstitutional.


The hearing has gained significance as the apex court has decided to hear the case during the summer vacation, and even suggested that it is likely to sit on weekends to expeditiously decide the contentious and sensitive issues arising in the matter.


Attorney General Mukul Rohatgi will assist the bench, which will also examine to what extent the court can interfere in the Muslim personal laws if they are found to be in violation of the fundamental rights of citizens enshrined in the Constitution.

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