The Communist Party of India (Marxist) (CPM) on Tuesday said that the party has always opposed the arbitrary instant nature of triple talaq, adding the majority judgement of striking it down has been welcomed by the party.
"The CPM has always opposed the arbitrary instant nature of triple talaq, therefore, we welcome the majority judgment of striking down the arbitrary and instant triple talaq. But there has been a division in the five-member bench. The judgments are not yet available. We would like to study the judgments and then give our reasoned opinion," CPM leader Sitaram Yechury told ANI.
The Supreme Court earlier today struck down the practice of Triple Talaq as 'unconstitutional' by a 3:2 majority.
The five-judge constitution bench headed by Chief Justice of India (CJI) J.S. Khehar, deciding on the verdict, was seemingly split on the legality of the practice.
Justice Nariman, Justice Lalit and Justice Kurien opposed the view of Justice Nazir and Chief Justice of India J.S. Khehar and dubbed the practice of Triple Talaq as unconstitutional and unislamic.
The Supreme Court further asked the Union Government to formulate a new legislation within six months.
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The apex court reportedly referred to the abolition of triple talaq in the Islamic countries and asked "why can't independent India get rid of it."
The decision came soon after the apex court resumed the hearing on the matter on Tuesday morning.
CJI Khehar, while pronouncing the judgement, however, upheld the practice and said, "Talaq-e-biddat is not violative of articles 14, 15, 21 and 25 of the Constitution."
The CJI, further using his power under Article 142, directed the Union of India to form a proper legislature regarding 'talaq-e-iddat.'
CJI Khehar said that all parties must decide keeping politics aside.
The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing.
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