The government on Monday told the Supreme Court
that it would come out with a law to regulate marriage and divorce among Muslims
if triple talaq
was held unconstitutional by the court.
Attorney General (AG) Mukul Rohatgi
told a five-judge constitution bench headed by Chief Justice J S Khehar, “If the practice of instant divorce (triple talaq) is struck down by the court, then the Centre will bring a law to regulate marriage and divorce among the Muslim community.” Rohatgi’s submission came when the court asked him what were the remedies for a Muslim man to come out of a marriage if such practices are struck down.
Earlier, the apex court bench — comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer —said it was keeping open the issues of practice of polygamy and ‘nikah halala’ among Muslims
for adjudication in future, as the Centre insisted on judicial deliberations on these aspects as well.
“It may not be possible to deal with all the three issues in the limited time we have,” the bench said.
The significant observation was made when Rohatgi, appearing for the Centre, said the issues of polygamy and ‘nikah halala’ were also part of the order of a two-judge bench, which had referred to the Constitution bench the three issues including the practice of triple talaq
“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,” Rohatgi said.
When the AG asked the bench to make it clear that the issues of polygamy and ‘nikah halala’ are still open and would be dealt by other bench, the court clarified “it will be dealt in future.”