Triple talaq: Will test validity on touchstone of constitutional framework, says SC

36 (1)The Supreme Court said Wednesday it is open to examining whether the issue of triple talaq needs to be heard by a larger bench for an authoritative decision. A bench of Chief Justice T S Thakur and Justice A M Khanwilkar noted that it is “an important issue affecting a large number of people” and said the court would need to test the validity of triple talaq on the “touchstone of the constitutional framework” and previous verdicts on personal laws.

“We are straightaway not jumping to any conclusion. It has to be seen if there is a need for any further consideration of law by the constitution bench. If this issue has already been settled, we may not have to examine it any further but if there are other issues, we will have to decide if it would require a consideration by a larger bench,” said the bench, posting the matter for further hearing on September 6.

The hearing Wednesday saw a total of four petitions assailing the concept of divorce through triple talaq, with the bench allowing all of them to be impleaded. It also sought the stand of Centre on the issue within six weeks.



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