India’s top law advisory body has said it will steer clear of most personal laws relating to Muslim marriage and divorce to avoid conflict with the Supreme Court, Hindustan Times reported.
India’s top law advisory body has said it will steer clear of most personal laws relating to Muslim marriage and divorce to avoid conflict with the Supreme Court, Hindustan Times reported.
According to the report, the Law Commission of India’s Chairman Balbir Singh Chauhan said the commission firmed up its stand days after the Supreme Court admitted pleas to examine the practices of polygamy, nikah halala, nikah mutta and nikah misyar .
“How can we touch what is sub judice? The effect of the Supreme Court’s decision will be binding upon us,” Chauhan, a former judge of the top court, explained.
He said the commission would, however, still examine Muslim personal laws “relating to adoption and succession”.
Earlier, the Lawyer in Shah Bano Case, Arif Mohammad Khan on Tuesday praised the Modi-led government for its resolve in delegitimising triple talaq stating that with this decision the Muslim women will live with equality in the country.
“I am glad over Supreme Court's verdict on triple talaq. I thank the Modi-led government for its resolve in delegitimising on this issue. We should welcome this and the result will be great if accepted by all. After this women can live with equality and can also take part in country’s development.”
The Supreme Court had struck down the practice of Triple Talaq as 'unconstitutional' by a 3:2 majority.
The five-judge constitution bench headed by former Chief Justice of India (CJI) J.S. Khehar, deciding on the verdict, was seemingly split on the legality of the practice.
CJI Khehar, while pronouncing the judgement, said, "Talaq-e-biddat is not violative of Articles 14, 15, 21 and 25 of the Constitution", but did say that there was a need for Parliament to on enact a law on the issue at the earliest.
The decision came soon after the apex court resumed the hearing on the matter on Tuesday morning.
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