Wednesday, 23 August 2017

Apex Court Struck Down Instant Pronouncement of Talaq

New Delhi: The Supreme Court on Tuesday ruled the historic pronouncement on the practice of Triple Talaq for the past 1400 years. The Bench of 5 judges told the peculiarities of 3: 2 that the practice of saying three divorces simultaneously i.e. divorce-e-biddat wide (zero), unconstitutional (unconstitutional) and Illegal (illegal). Two judges in the bench asked the government to make laws on Triple Talaq in six months. But on Tuesday late evening, the government cleared its stand on it. Law Minister Ravi Shankar Prasad said that even though two judges have given the opinion of making the law, but in the Bench's Majority Judgment Triple Talaq have been declared unconstitutional. So, there is no need to make laws for it.

1) What was the Supreme Court to decide?
- The Supreme Court had to decide whether the three divorced women from 1400 violated the constitutional rights of women? Whether it is legally valid and the Triple Talaq are the basic part of Islam or not? There were six days of hearing in this case in May. Following is the verdict on Tuesday.

2) Which divorce has been dismissed?
- Divorce-e-Bidat, that means divorce three times in one go. This is part of the personal law of Sunni Muslims who consider Hanifi cult. This is declared by the Supreme Court as unconstitutional. This will prevent you from divorcing in strange ways such as WhatsApp, email, SMS, phone, letter.
- This can be done by writing a divorce, or by phone or text message. After this, if the man feels that he did this in a hurry, divorce can not be overturned. Divorced couple can only marry after Halala.

3) Which divorce are true? How will divorce in Muslim community?

When the divorce-e-bidt has been dismissed, Sunni Muslims have two options. The first is - Divorce-e-Ahsan and the second is - Divorce-e-Hasan.

- Under Divorce-e-Ahsan, a Muslim man calls his wife a divorce once a month. If 90-day attempt to reconcile a failure, then in three months she divorces her husband three times and her husband is separated from his wife. During this, wife Idith (time of separation) is spent. The time of iddat starts in the first month by saying a divorce.

- Under Divorce-e-Hassan, the husband calls his wife divorced during the menstruation cycle. Divorce is completed when divorced in three cycles.
- Former Union Minister Kapil Sibal, who has lobbied for three divorce cases, made it clear that the Supreme Court has banned only three divorces (Divorce-e-Bidhat). The Supreme Court has not interfered in Divorce-e-Ahsan and Divorce-e-Hasan.
- Senior advocate Mahesh Jethmalani also said that the Supreme Court has only given a decision on divorce-e-bidtat.

4) What will happen if a Muslim man still divorces his wife at once?
-The lady  can demand rights under Special Marriage Act-1954. There are also options for Maintenance, Civil Suite and Muslim Marriage Act under Section 125 of the IPC. Action is possible even under domestic violence law, but the previous victims can not get justice from this.

5) What happened to polygamy and Halala?
Apart from three divorces, polygamy and halala were also part of the hearing. The Constitutional Bench did not hear the two. Now the hearing on these two issues will be taken only after the new petition is filed.

6) What did Chief Justice Khehar say in his decision different from the Jurassicity Judge?
- Chief Justice JS Kher and Justice Abdul Nazir also gave their verdict aside from the Bench's Majority Judgment. He said, "Three divorces of Muslim religion are not mandatory, in this case the Judiciary should not interfere. If the center wants to end Triple Talaq, then it has brought legislation within 6 months and all political parties should cooperate with it."

- The Bench said in its decision that when the practice of three divorce in many Islamic countries has come to an end, why can not India get rid of it?
- Chief Justice JS Khehar said that Divorce-e-Bidt is a part of the Sunni community. It has lasted for 1000 years. Divorce does not make a violation of Articles 14, 15, 21 and 25 of the Constitution.

7) Three reasons why divorce is unconstitutional?
- This bench was of five judges. Chief justice JS Khehar and Justice Abdul Nazir were not in favor that three divorces be termed unconstitutional. At the same time, Justice RF Nariman, Justice Yu Lalit and Justice Kurien Joseph termed three divorces as unconstitutional. These three judges said that the tradition of three divorces appears to be moving smoothly, it is a violation of the constitution. It should end.

8) What law would be made? What is the stand of the center?
- The law will not be enacted. Because the decision of the Constitution bench is enough, in which the three divorces together have been termed as illegal. This is the decision in the ratio of 3: 2 to the bench.
- Union Law Minister Ravi Shankar Prasad also said, "After the verdict, it becomes clear in the first sight that in the Supreme Court bench, the majority has called three divorces as unconstitutional and unlawful."
- The senior official of the government told the news agency, "If a husband gives three divorce after the order of the SC, then it will not be considered legitimate, his responsibilities will be maintained for the marriage, the wife will also have full freedom that such a person Hand over the police and make a case of domestic violence or fiasco against him. "

- On one TV channel, Ravi Shankar Prasad said, "If after the discussion it seems that there is a gap and there is something left then the stage is open for us."


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