The SC asked the parties concerned to file their respective written submissions by the next date of hearing, besides the common paper book of case laws to be relied upon by them during the hearing to avoid duplicity. Photo: Mint
The SC asked the parties concerned to file their respective written submissions by the next date of hearing, besides the common paper book of case laws to be relied upon by them during the hearing to avoid duplicity. Photo: Mint

Constitution bench may decide on triple talaq petitions

SC to set up a 5-judge constitution bench to hear, decide on a batch of petitions relating to the practice of triple talaq, 'nikah halala' and polygamy among Muslims

New Delhi: The Supreme Court on Thursday indicated that a batch of pleas challenging the constitutional validity of triple talaq is likely to be referred to a Constitution bench.

“It is an important issue and cannot be scuttled," the court said in an oral observation.

A bench comprising chief justice J.S. Khehar, justices N.V. Ramana and D.Y. Chandrachud were hearing a batch of petitions challenging triple talaq, nikah halala (remarrying a divorced husband without an intervening marriage with another man) and polygamy under Muslim personal law as illegal and unconstitutional.

Constitutionally, Muslims and other minority religions are allowed to regulate matters such as marriage, divorce and inheritance through their own civil codes.

In the next hearing, the court is likely to frame issues for it to consider and decide whether the case must be referred to a larger bench. The centre submitted a list of four questions that the court must consider including whether such practices can be protected under the fundamental right to freely profess, practice and propagate religion and the freedom of conscience.

The case will be heard next on 30 March.

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