The Supreme Court on Tuesday called instant triple talaq — practiced by some in the Muslim community, which gives power to men to divorce women by pronouncing talaq three times in one sitting — unconstitutional and banned it. In the five-judge Bench, headed by chief justice of India JS Khehar, the three judges ruled that it was void.
Vijay Waghey, an advocate in Karkarduma court said, “The decision made by the apex court against instant triple talaq is brilliant and we welcome their verdict. It was needed because the condition of Muslim women is very bad. In court we observe their worst state where they cry and beg to save their marriages.” “After pronouncing talaq, the husband marries to another woman and tries to dissolve the case after giving mahr (a mandatory payment, in the form of money or possessions paid by the groom to the bride) but refuses to pay compensation,” Waghey added.
Rohit Tomar and Sunil Yadav, advocates of Karkarduma court said that the verdict in Shah Bano case only gives liberty to muslim women to claim maintenance from their husband but cannot give divorce. After this decision, we hope that the Government will come with a balanced law, which provides equal opportunity to men and women both, as directed by the Supreme Court, they added.
Sheik Hasibul, a resident of Dilshad Garden, said, “It is a debatable issue. I accept that it is not in Quran neither in Shariat but we have been practicing this law from centuries and we would resolve the issue accordingly.”
There are 3 types of talaq. First, Talaq-e-Ahsan, under this form, husband says talaq once and waits for iddat (period of waiting). This period is basically for reconciliation and during this time, if any kind of cohabitation happens, the talaq is considered to have been revoked.
Second is Talaq-e-Hasan. The 3 successive pronouncements of talaq made in 3 successive months. It can be revoked anytime before the third pronouncement. After third pronouncement, it becomes irrevocable. Third is Talaq-e-Biddat. Under this form, the husband pronounces talaq thrice in one sitting through a written talaqnama, or by phone or text message and Talaq-e-biddat becomes effective immediately. Talaq-e-biddat is irrevocable.