Triple talaq verdict: SC declares instant divorce unconstitutional, asks Parliament to make law

New Delhi: In a landmark verdict, the Supreme Court by a majority of 3:2 on Tuesday ruled that the practice of divorce through triple talaq among Muslims is “void”, “illegal” and “unconstitutional”.

The apex court held that the triple talaq is against the basic tenets of Quran.

While Chief Justice JS Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq, asking the government to come out with a law in this regard, Justices Kurian Joseph, RF Nariman and UU Lalit held it as violation of the Constitution.

The majority verdict said any practice including triple talaq which is against the tenets of Quran in unacceptable.

The three judges also said the practice of divorce through triple talaq is manifestly arbitrary and violative of the Constitution and must be struck down.

The minority verdict by CJI Khehar and Justice Nazeer, which favoured to keep on hold the practise of triple talaq for six months, asked the political parties to set aside their differences and help the Centre in coming out with a legislation.

The judges in the minority verdict said that if the Centre does not bring a law within six months, then its injunction on triple talaq will continue.

CJI Khehar and Justice Nazeer in their minority verdict expressed hope that the Centre’s legislation will take into account concerns of Muslim bodies and the Sharia law.

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