Supreme Court observed that Triple talaq “worst and undesirable form” of dissolution of marriage among Muslims

New Delhi: Triple talaq is the “worst and undesirable form” of dissolution of marriage among Muslims, the Supreme Court observed on Friday.

Commencing a historic hearing on a clutch of petitions challenging the constitutional validity of the practice of triple talaq and ‘nikah halala’ among Muslims, the apex court said different schools of thoughts in Islam term triple talaq as “legal”.

Meanwhile, calling for abolition of triple talaq, senior advocate Ram Jethmalani termed triple the divorce practice as “abhorrent”, saying it does not give women equal right to divorce.

Jethmalani appeared before SC bench as a lawyer for Forum for Awareness of National Security.

The observation came when former Union Minister and senior advocate Salman Khurshid, who is assisting the court in his personal capacity, told the bench that it is not an issue where judicial scrutiny is required and moreover women have the right to say ‘no’ to triple talaq by stipulating a condition to this effect in ‘nikahnama’ (marriage contract).

The Constitution bench comprising of five judges, including Chief Justice of India JS Khehar on Thursday 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.

Other judges on the Constitution bench are Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer.