- Justice R.F. Nariman and Justice U.U. Lalit held that talaq-e-biddat (triple talaq) as a practice was arbitrary and declared it to be unconstitutional and consequently void.
- Justice J.S. Khehar and Justice Abdul Nazeer held that being a 1,400-year-old practice, this had become an integral part of the faith of Muslims and could not be struck down as being violative of fundamental rights. They, however, stated that since such a practice is otherwise abhorrent and considered illegal in various Muslim countries around the world and, taking note of the stand of the Muslim Personal Law Board deprecating the practice, it should be discontinued.
- Justice Kurian Joseph held, disagreeing with Justice Nariman and Justice Lalit, that provisions of Muslim personal law cannot be struck down as arbitrary and unconstitutional. He held, however, that this particular practice, being sinful and not sanctified by the Koran, was consequently not part of personal law, disagreeing with Justice Khehar and Justice Nazeer to this extent.
(1) Triple talaq or any form of instantaneous and irrevocable divorce pronounced by a Muslim is void.
(2) A Muslim husband pronouncing triple talaq is criminally culpable.
(3) The offense is non-cognisable and non-bailable.
- The sole intent of the legislation, therefore, is to criminalise the act of triple talaq.
- This has several implications:
(1) The wife who may not wish to complain, her marriage being intact, has to suffer the consequences of her husband being sent to jail.
(2) The complaint may be based on a lie, yet the husband may land in jail.
(3) It is not understood why the husband needs to go to jail when the marriage is subsisting and valid.
Issues:-
- (In case husband doesn’t want to continue the marriage)
- The concept of subsistence allowance and the right of a woman to custody of her minor children.
- Subsistence allowance or maintenance and child custody are issues which become relevant if there is a proceeding for divorce and the husband chooses not to maintain the family.
Conclusion:-
This seems to be yet another act of political opportunism by the government to seek electoral benefits. Yet another ‘jumla’. It is time for us to expose the machinations of this government, which seeks to tear asunder families, whose marriages are intact and whose husbands may land in jail despite that.
What we got for English Section
- They, however, stated that since such a practice is otherwise abhorrent and considered illegal in various Muslim countries around the world.
- The sole intent of the legislation, therefore, is to criminalise the act of triple talaq.
- Consequently, they granted an injunction against the practice of triple talaq for a period of six months from the date of judgment, enabling Parliament to legislate on the subject.
Idiom:
From pillar to post:- From one place to another in a fruitless manner
- Vocabulary words:
Ill-thought-out – Not carefully considered and planned
Dubious - Doubtful
Rendered - Provided
Arbitrary – Based on random choice rather than any reason or system
Void – Not valid
Strike down – Any rule which is illegal and should be ignored
Deprecating - Express disapproval of
Injunction – An authoritative warning or order
legislate – Pass law, enact law
Sanctify – Declared holy
Languish – Weaken
Machinations – Scheme
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