Attorney General Mukul Rohatgi told a five-judge constitution bench headed by Chief Justice J S Khehar "If the practice of instant divorce (triple talaq) is struck down by the court, then Centre will bring a law to regulate marriage and divorce among the Muslim community."
Rohatgi's submission came when the court asked him what are the remedies for a Muslim man to come out of a marriage if such practices are struck down.
"It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future," the bench said.
The significant observation was made when Rohatgi, appearing for the Centre, said the issues of polygamy and 'nikah halala' were also part of the order of a two-judge bench, which had referred to the Constitution bench the three issues including the practice of triple talaq among Muslims.
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When the AG asked the bench to make it clear that the issues of polygamy and 'nikah halala' are still open and would be dealt by other bench in future, the court clarified "it will be dealt in future."
Today was the third day of the hearing on a clutch of petitions challenging triple talaq, polygamy and 'nikah halala' which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsee, Hindu and Muslim.
The remark was made by the bench when senior lawyer Salman Khurshid referred to the various schools of thought and the stand of All India Muslim Personal Law Board that triple talaq was "abhorrent", yet valid.
The hearing last Friday also saw two veterans, jurist Ram Jethmalani and former Union Minister and Islamic scholar Arif Mohammad Khan, coming out all guns blazing against the practice of triple talaq.
"Point taken, you have raised a very valid and good point," the bench had said.
The apex court has fixed a six-day schedule for hearing, in which three days are available for those challenging triple talaq and three days for those defending it.
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