Centre had sought more time to file their response in the matter.
The Supreme Court has granted four weeks' time to Centre to respond on a batch of petitions on triple talaq and the plight of Muslim women. Additional Solicitor General mentioned the matter before CJI bench and sought more time to file their response after which the court granted four weeks' time.
It had issued notice to the Central Government in July 29 on plea of a Muslim woman challenging the Constitutional validity of 'triple talaq' to end a marriage. It had favoured a wider debate on the petitions challenging the validity of triple talaq. The All India Muslim Women Personal Law Board (AIMWPLB) president Shaista Ambar has demanded abolishing of the triple talaq system. The apex court has tagged this plea with pending matter in court.
The petitioner Ishrat Jahan has sought a declaration from the apex court, saying that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was unconstitutional, as it violated fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (life) and 25 (religion) of the Constitution.
The apex court has asked ishrat Jahan to move HC for children's custody.
A batch of petitions is being heard by a bench headed by Chief Justice TS Thakur and notices have already been issued to the All India Muslim Personal Law Board and others. However, this is not first such type of petition that has been presented before the Supreme Court. Uttarakhand-based Shayara Banu,and another Muslim woman, and the Rashtrawadi Muslim Mahila Sangh through its president Farah Faiz, have raised similar queries.
The All India Muslim Personal Law Board (AIMPLB) on Friday told the Supreme Court that "personal laws cannot be re-written in the name of social reforms".
Submitting its response in connection with the ongoing matter on the 'triple talaq' issue, the AIMPLB said, 'Personal laws cannot be challenged as violative of Part III of the Constitution. When serious discords develop in a marriage and husband wants to get rid of wife, legal compulsions and time consuming judicial process....in extreme cases husband may resort to illegal criminal ways of getting rid of her by murdering her. In such situations Triple Talaq is a better recourse," AIMPLB told the apex court. "
Talaq-e-bidat is a Muslim man divorcing his wife by pronouncing the word "talaq" more than once in a single tuhr (the period between two menstruations), or in a tuhr after coitus or pronouncing an irrevocable instantaneous divorce at one go (unilateral triple-talaq).
The Centre has set up a high-level committee to review the status of women in India, and according to reports, has recommended a ban on the practice of oral, unilateral and triple talaq (divorce) and polygamy.
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