The Supreme Court verdict on the validity of triple talaq will be pronounced on Tuesday by a five judge Constitution Bench.
Arguments on the twin issues of triple talaq and nikaah halala had concluded during the summer vacations. The proponents challenging triple talaq as discriminatory and un-Islamic were led by senior advocates Ram Jethmalani, Indira Jasing, Anand Grover and Amit Singh Chadha who represented NGOs and Muslim women who had been victims of triple talaq. The Government led by then Attorney General Mukul Rohatgi supported the petitions.
Mounting an opposition to the set of PIls was the All India Muslim Personal law Board (AIMPlB) led by senior advocate Kapil Sibal. Faced with tough questions from the bench comprising Chief Justice JS Khehar, Justices Kurian Joseph, RF Nariman, UU lalit and S Abdul Nazeer, the Board had scaled down and agreed to give choice to the Muslim woman at the time of marriage (nikaah) to opt out of triple talaq. This would be added in the nikaahnama (marriage agreement) and will be binding on the bridegroom.
The five judges drawn from different faiths presented a multi-religious setting for the debate. The Centre argued that triple talaq was not Islamic as Holy Quran described it as “undesirable” form of divorce and most Muslim countries got rid of it.