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Judiciary Update

YoungBites. Dated: 5/10/2017 11:05:31 AM


By: JAY KAY Law Reporter (Pvt. Ltd.)

Triple talaq: Muslim marriages are contracts, can't be unilaterally cancelled by husbands, says Allahabad HC
New Delhi, May 9
In a significant ruling, the Allahabad High Court has said that Islamic practice of triple talaq is unsustainable because Muslim marriages are contracts that cannot be unilaterally cancelled by husbands, without the consent of the partner.
The HC's order said the basic and human rights cannot be exploited on the basis of gender and rights of any person including Muslim women cannot be violated in the name of 'personal law'.
A five-judge Constitutional bench will begin in hearing of a batch of pleas challenging constitutional validity of 'triple talaq', 'nikah halala' and polygamy among Muslims from May 11. Notably, PM Narendra Modi's pitch against 'triple talaq' has added fuel to the contentious debate on the Muslim divorce practice. Modi has dubbed triple talaq as a "bad social practice", saying that such practices can be ended by social awakening.The Centre, while making its stand clear on the contentious issues has informed the top court that “Triple talaq, 'nikah halala' and polygamy violate Muslim women's right to equality and dignity and are not protected by the right to profess, practise and propagate religion under Article 25(1) of the Constitution.”Several women have filed a petition before the Supreme Court seeking the quashing of the triple talaq practice.

 

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