In a major development in the ongoing hearing of the case of triple talaq, the Centre on May 15 told the Supreme Court that if the apex court invalids triple talaq it will come out with a law to regulate marriage and divorce among Muslims.
While appearing for the Centre, Attorney General (A-G) Mukul Rohatgi made this observation when the Supreme Court asked him what would be the solution for a Muslim man Triple to come out of a marriage if such practices are withdrawn from the system.
“If the practice of instant divorce (triple talaq) is struck down by the court, then Centre will bring a law to regulate marriage and divorce among the Muslim community,” he said.
“The scope of referring had all the three issues that was divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench,” he added.
“It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future,” said a five-judge Constitution bench consisted by Justices Kurian Joseph, RF Nariman, UU Lalit, Abdul Nazeer and headed by Chief Justice JS Khehar.
“It will be dealt in future,” the bench clarified when the AG asked the bench to clear if these are still open.
The bench which comprises members of different religious communities including Sikh, Christian, Parsee, Hindu and Muslim made this statement today, which happens to be the third day of the hearing on a clutch of petitions challenging triple talaq, polygamy and nikah halala.
During the last hearing, the apex court had observed that triple talaq is the “worst” and “not a desirable” form of dissolution of marriage among the Muslims.