Constitution bench to decide petitions on triple talaq: Supreme Court

The bench further said "the issues are very important. These issues cannot be scuttled".

Constitution bench to decide petitions on triple talaq: Supreme Court

Emphasising on the issue of triple talaq, the Supreme Court has decided to set up a five-judge constitution bench to hear and decide on a batch of petitions relating to the practice of triple talaq, 'nikah halala' and polygamy among Muslims.

A bench headed by Chief Justice J S Khehar comprising of Justices N V Ramana and D V Chandrachud took on record three sets of issues framed by parties with regard to the cases and said the questions for consideration of the constitution bench would be decided on March 30.


The bench further said "the issues are very important. These issues cannot be scuttled". In a reference to the legal issues framed by the Centre, it said all of them relate to the constitutional issues and needed to be dealt by a larger bench.

Furthermore, the bench asked the parties concerned to file their respective written submissions, running not beyond 15 pages, by the next date of hearing, besides the common paper book of case laws to be relied upon by them during the hearing to avoid duplicity.

When a woman lawyer referred to the fate of the apex court judgement in the famous Shah Bano case, the bench said "there are always two sides in a case. We have been deciding cases for last 40 years. We have to go by the law and we would not go beyond the law."

Furthermore, the bench also made it clear that it is willing to sit on Saturdays and Sundays to decide on the issue as it was very important.

During the last hearing, the apex court had said it would decide the issues pertaining to 'legal' aspects of the practices of triple talaq, 'nikah halala' and polygamy among Muslims but not deal with the question whether divorce under Muslim law needs to be supervised by courts as it fell under the legislative domain.

'Nikah halala' means a man cannot remarry a woman after triple talaq unless she has already consummated her marriage with another man and then her new husband dies or divorces her.

The bench headed by the CJI had said "You (lawyers for parties) sit together and finalise the issues to be deliberated upon by us." The apex court had said that the question whether divorce under Muslim Personal Law needed to be supervised by either courts or by a court-supervised institutional arbitration fell under the legislative domain.

It, however, allowed lawyers to file small synopsis of cases pertaining to alleged victims of triple talaq.

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