New Delhi: The Supreme Court on Monday gave the central government four weeks’ time to file its response on the right of Muslim women in matrimonial matters relating to divorce, including triple talaq, and maintenance.
A bench of Chief Justice T.S. Thakur and Justice D.Y. Chandrachud accepted the request of Solicitor General Ranjit Kumar, who sought time as the government has been asked by the top court to respond to a suo motu writ petition filed on its direction on the issue of the right of Muslim women in matrimonial matters.
A bench of Chief Justice Thakur and Justice A.M. Khanwilkar had said on June 29 that they “have to hear all of them and take a call to what extent courts can interfere in the Muslim personal laws if courts find they are in violation of the fundamental rights”.
The All India Muslim Personal Law Board (AIMPLB) had in its response on September 2 defended both polygamy and triple talaq saying that courts have no jurisdiction to examine the issue as it relates to their religion based on the Quran and Sharia law.
A bench of Justice Anil R. Dave and Justice Adarsh Kumar Goel had by their October 16, 2015 order issued notice to Attorney General Mukul Rohatgi Aand the National Legal Service Authority as it directed the separate listing of a PIL addressing the question of the rights of Muslim women.
The court is examining the question of gender discrimination in Muslim personal law in the context of fundamental rights.
In the hearing on June 29, 2016, senior counsel Indira Jaisinh appearing for two petitioners had contended that the personal laws should be subject to the regime of the fundamental rights and the court should address this question.
In the same hearing, interveners Zakia Soman and Noor Jahan had said that triple talaq as is being practised has no sanction of Islam.