Friday, March 21st, 2025

How many people in the ‘triple talaq’ case? Supreme Court sought data from central government

New Delhi: The Supreme Court has sought information from the central government in the triple talaq case. The apex court wants to know how many men have been booked in violation of the 2019 Muslim Women (Protection of Marriage Rights) Act. This law considers triple talaq as a crime. The bench of Supreme Court Chief Justice Sanjeev Khanna and Justice Sanjay Kumar is hearing the case. Many Muslim men and organizations have challenged this law. The hearing on this will start from 17 March.

How much FIR in the triple talaq case, SC asked the center

The Supreme Court has asked the central government how many FIRs and charge sheets have been filed in the cases of triple talaq. The court has also sought a written reply to three pages from all the parties. Justice Khanna said that since the triple talaq is illegal, divorce will not be considered. Now the issue is to declare it a crime. The court has sought a list of cases from all states where the FIR has been registered. The court also said that data from rural areas should also be included in the list.

CJI said- I am sure …

Solicitor General Tushar Mehta said that there is no such practice in any civilized society. The bench said that the petitioners were not arguing in favor of legalizing the ‘triple talaq’, rather they were against declaring it a crime. CJI Khanna said that I am sure that no lawyer here is saying that this practice is correct, but what they are saying is that when this practice has been banned, is it considered a crime Can go and cannot divorce by saying divorce three times at a time.

Three divorce legally illegal- SC

The bench said that since the ‘triple talaq’ is legally invalid, the law effectively imposes a fine of just three times, which is a matter of controversy in the current trial. The court said that triple talaq is legally illegal. Therefore, the law imposes a penalty only three times for divorce, which is the main issue of this case.

What did Solicitor General say

Solicitor General Tushar Mehta said that it is the right to the government to declare any activity a punishable offense. he/she opposed the argument that the punishment in this law is more. he/she said that this law has a maximum sentence of three years. This punishment is less than other laws protecting women’s rights.

Hearing in Supreme Court on triple divorce

Tushar Mehta gave an example of a line of Parveen Shakir to tell the bad effects of triple talaq that with the divorce, with the Etab-O-Kahar, my youth also returned with mehar. Nizam Pasha, a lawyer of a petitioner, said that the law has made only three times the pronunciation of the word ‘divorce’ illegal and punishable, which is wrong. he/she said that other communities do not have such strict laws for divorce.

During the hearing, fierce argument between the opposition and the opposition

Senior advocate MR Shamshad said that anti -domestic violence laws already exist. These laws have taken adequate care of marital disputes. Therefore a separate criminal law is not needed. he/she said that it takes months to register an FIR even if there is a fight with his/her wife in a matrimonial dispute. The FIR is lodged here only after saying the word divorce.

Tushar Mehta cited Section 506 of the IPC. he/she said that this law is in line with principles that make certain types of oral threats punishable. he/she said that declaring triple talaq as a crime is fulfilled.

What did the court say

The court said that even after saying divorce thrice, Muslim husband and wife are legally married, because this practice is not valid. Section 3 of the law declares triple talaq as illegal and invalid. Section 4 provides for a three -year sentence for saying divorce three times. Many institutions like all Kerala Jamiatul Ulema, Jamiat Ulema-e-Hind and Muslim Advocates Association (Andhra Pradesh) have said that this law targets a particular religious community.

Three divorces are also called divorce-e-biddat. The apex court on 22 August 2017, in a historic verdict, termed the about 1,400 years old of ‘triple talaq’ among Muslims as invalid. The court described this practice against the basic principles of the Quran and a violation of the Islamic law Sharia.

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