The Supreme Court made it clear that the matter of Nikah Halala and polygamy has not been closed yet. The SC stated that it will consider it in future and mentioned that they are deferring the matter because of time constraints.
The SC emphasised that it is only pursuing triple talaq on priority because of time constraints.
The Attorney General Mukul Rohatgi presented the Centre’s stand on the matter. He said that in the times like these when countries like Pakistan and Bangladesh are progressing, secular country like ours is still stuck on discussion on these matters.
The Attorney General argued that many High Courts in the country have given their orders against trip talaq. He also submitted list of marriage laws in different countries to the court.
The Apex Court asked Attorney General that if triple talaq will go, what will be remedy the husband has? To which, AG replied by saying that if there will be vacuum, the Centre will bring law.
Rohatgi told Constitution Bench that triple talaq violates Muslim women's right to equality within the community and also within the country.
Attorney General said that marriage and divorce are part of law and it is not related to any religion and this is for court to decide whether personal law stands on the parameters of Constitution's gender equality and equality rights.
Then, CJI said that we are guardians of Constitution as well as rights of minorities and what you are saying will completely erode the rights of minorities.