The Supreme Court on Tuesday set aside by a majority verdict the practice of divorce through triple talaq among Muslims, saying the practice was void, illegal and unconstitutional.
The apex court held that triple talaq is against the basic tenets of the Quran.
“In view of the different opinions recorded by a majority of 3:2, the practice of ‘talaq-e-biddat’ — triple talaq is set aside,” a five-judge Constitution Bench said in a 395-page order.
While Chief Justice JS Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq and asking the government to come out with a law in this regard, Justices Kurian Joseph, RF Nariman and UU Lalit held it as violative of the Constitution.
Read the full text of judgement here
The majority verdict said any practice including triple talaq, which is against the tenets of the Quran, is unacceptable.
The three judges also said the practice of divorce through triple talaq is manifestly arbitrary and violative of the Constitution and must be struck down.
The minority verdict by Chief Justice Khehar and Justice Nazeer, which favoured keeping on hold the practice of triple talaq for six months, asked political parties to set aside their differences and help the Centre in coming out with a legislation.
The judges in the minority verdict said that if the Centre does not bring a law within six months, then its injunction on triple talaq will continue.
Chronology of events