Triple talaq case: SC says will look into polygamy, nikah halala in future

Apex court cites paucity of time, says will focus on triple talaq for now

The Supreme Court on Monday said it was keeping open for adjudication in the future the issues of polygamy and 'nikah halala' among Muslims as the Centre insisted on deliberations on these aspects as well.

"It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future," a five-judge Constitution bench headed by Chief Justice J S Khehar said.

The observation was made when Attorney General (AG) Mukul Rohatgi, appearing for the Centre, said that the issues of polygamy and 'nikah halala' were also part of the order of a two-judge bench which had referred to the Constitutional bench the three issues, including the practice of triple talaq among Muslims.

"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.

The Centre's assertion assumes significance in the backdrop of the remarks of the apex court that it will only deal with the issue of triple talaq, that too if it was fundamental to Islam.

The AG asked the bench, comprising Chief Justice Khehar, Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, to make it clear that the issues of polygamy and 'nikah halala' are still open and would be dealt by other benches in the future.

"It will be dealt in future," the bench clarified.

The bench is hearing a clutch of petitions challenging the practice of triple talaq among Muslims.

On Monday, the Centre resumed its arguments in the case.