As hearing of validity of triple talaq is underway in the Supreme Court, the bench headed by Chief Justice JS Khehar asked if there can be a provision by which a woman can exclude triple talaq as a clause in the marriage contract- nikahnama.
According to a report in News 18.com, Chief Justice JS Khehar questioned All India Muslim Personal Law Board’s (AIMPLB) counsel, Kapil Sibal, “Can a qazi while drawing the nikahnama give a proforma to the wife stating that she can exclude the option of triple talaq as a clause in the marriage contract”.
Reacting to which, Zafaryab Jilani, counsel for AIMPLB said, ” it was a good suggestion and the board would certainly look into it”. Senior lawyer and Congress leader, Kapil Sibal on the triple talaq said that the practice of giving talaq is not much prevalent and it is dying slowly, therefore, there is no need to make it a constitutional issue.
The issue of Triple talaq is being heard daily in the Supreme Court since May 11 and the apex court wants to end the hearing by May 19. The order on the validity of triple talaq is expected to come out by June.
On the second of the hearing, the apex court had observed that there are some sections which term triple talaq legal but it is the worst form for dissolution of marriages among Muslims. Meanwhile, Centre has told Supreme Court it will bring in a new law if all forms of triple talaq were struck down.
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