Triple talaq 'worst and undesirable form' of dissolution of marriage: SC

A day after it commenced a historic hearing on a clutch of petitions challenging the constitutional validity of the practice of triple talaq, the Supreme Court on Friday observed it was the worst and undesirable form of dissolution of marriage.

There are "school of thoughts (which) say that triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims," a five-judge constitution bench, headed by Chief Justice J S Khehar, said on the second day of continued hearing on the matter.

Calling triple talaq 'abhorrent', senior advocate Ram Jethmalani said it does not give women equal right to divorce.

On Thursday, the top court had said it would determine whether the practice of triple talaq was fundamental to Islam, with the government making it clear that such a form of divorce was against gender justice and those challenging it asserting that it was not part of the religious tenets.

A five-judge constitution bench, headed by Chief Justice J S Khehar also made it clear that the issue of polygamy among the Muslims may not be deliberated upon as it is not connected with the triple talaq issue.

The apex court also said if it came to the conclusion that triple talaq was fundamental to religion, then it will not get into the question of its constitutional validity.

Nikah Halala is a practice intended to curb the incidence of divorce under which a man cannot remarry his former wife without her going through the process of marrying someone else, consummating it, getting divorced, observing the separation period called 'Iddat' and then returning to him.

Relentless debates on the validity and plausibility of this practice were instigated soon after a petitioner, Shayara Banu, challenged the Muslim personal law over instantaneous triple talaq (talaq-e-bidat), polygamy and nikah-halala.

Supporting the stance of ending the practice of triple talaq, the Allahabad High Court earlier asserted that the rights of any person, including Muslim women, cannot be violated in the name of 'personal law'.

It said the basic and human rights cannot be exploited on the basis of gender.

"A Muslim husband cannot give divorce in such a manner which would put a question mark on equal rights," the court observed.

In December last year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice as "unconstitutional".