New Delhi: The Supreme Court today asked Kapil Sibal, senior counsel appearing for the All India Muslim Personal Law Board (AIMPLB), whether it is possible to give the bride the right that she will not accept instant triple talaq. The query came from a five-judge Constitution bench, headed by Chief Justice of India (CJI) Jagdish Singh Khehar, during the hearing in the triple talaq case. Justices Rohinton Fali Nariman, Uday Umesh Lalit, Kurian Joseph and S Abdul Nazeer were also on the bench. The apex court queried whether it is possible for AIMPLB to do that and whether their advisory will be followed by the Qazi at the ground level.
Yousuf Hathim Mucha, lawyer, one of the lawyers appearing for the AIMPLB, told the Supreme Court that the Board's advisory was not mandatory for all Qazis to follow. However, they accept the suggestion in all humility and will look at it. The AIMPLB also showed the court a resolution passed on April 14, 2017, which said that triple talaq is a sin, and will lead to a boycott from the community. Lawyer Raju Ramchandran, appearing for Jamait-Ulema-e-Hind, started arguments in the case.
Ramchandran told the bench that Nikah-nama is intermediate to opt in personal law. This is the reverse situation. During the past 54 years, secular option was available to all the communities. It is the duty of the state to secularise law in all communities. The hearing continues. (UNI)
