Taking ahead its hearing on batch of request, one of them taken suo motu by it on the controversy matter and recurring complaints of gender discrimination suffered by muslim women arising out of various rules in its personal laws, the Supreme Court on 14th February said it would decide issues pertaining to legal aspects of the practices of triple talaq, ‘nikah halala’ and polygamy among Muslims and would not deal with the question whether divorce under Muslim law needs to be under the observation of courts as it falls under the legislative domain.
The bench, however, made it clear that it was not dealing with the matter of Uniform Civil Code (UCC), which is currently being examined by the Law Commission of India. Lawyers for parties sit together and finalise the matter to be deliberated upon by us. We are listing it on 16th February for deciding the matter”, a bench comprising Chief Justice J S Khehar and Justices N V Ramana and D Y Chandrachud said.
It is to be noted that on 29th June the Supreme Court(SC) had asked all parties including the Centre and All India Muslim Personal Board to frame legal propositions requiring consideration.
“It is a very important case and everyone needs to be heard. We will hold a preliminary hearing if there is need for higher consultation we might even refer it to larger bench.Frame issues on what is the scope of judicial review in this case at the same time if we feel that the law is settled we will not interfere Legal propositions which call for consideration have to be framed first. Do it within one and half months”, a bench headed by then chief justice T S Thakur told lawyers of all parties.
On 14th February the bench made it clear to the parties concerned that it would not deal with the factual aspects of the special case and would rather decide the legal matter. “We are not interested with facts at all. We are only interested in dealing with the legal matter”, the bench said.
The apex court said that the question divorce under Muslim Personal Law needs to be supervised by either courts or by a court-supervised institutional arbitration falls under the legislative domain.
The court, meanwhile, allowed advocates to file small abstract of matter pertaining to alleged victims of triple talaq. The Centre had earlier opposed the practice of triple talaq, ‘nikah halala’ and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.
Post A Comment
Add New Comment