The decision: this bench of Supreme Court has given justice to three divorces - AskBihar24X7 - Bihar & Jharkhand News

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Tuesday, August 22, 2017

The decision: this bench of Supreme Court has given justice to three divorces

The Supreme Court today termed divorce-e-bidat (the practice of divorce for three consecutive terms) in the majority verdict today as unconstitutional. Three members of the five-member constitution bench (Justice Rohington F Nariman, Justice Uday Umesh Lalit and Justice Kurian Joseph) termed the divorce-e-bidad as unconstitutional and said that this practice is non-Islamic.
Read what the five judges said

                                                 

               ..... Chief Justice JS Kehar and Justice A Abdul Nazir disagreed with the decision of the three other judges to make the divorce-e-bidat illegal. Justice Kehar, while giving his verdict first, advised the government to make laws in three divorced cases and ordered a ban on divorce-e-bidat for six months. Justice Kehar said that if the government is unable to make the law in six months, then the ban will continue........ Justice Najir advised the political parties to keep the three divorced customs in place in the decision of minority to keep the law in this regard, keeping the differences apart from their differences. It was also said in the minority decision that if the center does not make the law within six months, then the interim stay will continue on three divorces...... Justice Kurien Joseph said, "Three divorces are not an essential part of Islam, and this practice does not have the protection of Article 25 (related to fundamental rights) of the Constitution. Therefore, it should be repealed. ' He said, "It is very difficult to agree with the Chief Justice that the three divorces are an internal matter of Islam.".........He further said, "Three divorces are not an essential part of Islam, and this practice does not have the protection of Article 25 (related to fundamental rights) of the Constitution. Therefore, it should be repealed. ' There.................... Justice R. F. Nariman - Three divorces are required to be passed on the criterion of constitutionality. The three judges, who wanted to abolish the three divorces, cited three divorce laws in different Muslim countries, saying that when Muslim countries ..........................

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