During the hearing of various petitions that seek to end the practice of triple talaq, the Supreme Court said today that triple talaq is the “worst and undesirable form” to end marriage among the Muslim community. The hearings are expected to continue over the next few weeks. The petitions are being heard by a 5-judge bench led by Chief Justice of India JS Khehar. It was also pointed out that there are many countries in the world that do not allow dissolution of marriage through triple talaq. Some of these countries include Pakistan, Afghanistan, Morocco and Saudi Arabia. While hearing the petitions, a member of the five-judge constitution bench, Justice Rohinto Fali Nariman said, “school of thoughts say that triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims.”
It may be recalled that the court will limit itself to assessing whether triple talaq is an essential part of Islam. If the court find this to be true, then it would not go any further and the petitions may be dismissed. However, if the court finds that triple talaq is not an essential part of the religious framework, then it might consider the possibility of banning the practice. Nonetheless, the court also said that banning triple talaq would create a situation wherein Muslim men will have no way to dissolve marriage. It has asked the government to act in this regard.