Potential Threats If Three Divorces Were Declared Unconstitutional

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The lawyers have kept their arguments on this issue. The Constitution Bench has reserved its decision. So, we will have to wait till their decision comes in July. Until then this case is under consideration. In such a situation, we have to negotiate this matter with vigilance.The roots of this case are actually contained in the second part of a decision of two judges bench on October 16, 2015.While hearing a case of the Hindu Succession Act, 1925, the judges instructed the Attorney General and National Legal Service Authority to direct the PIL to pave the way for this matter so that the Supreme Court automatically recognizably Taking the decision as to ‘gender discrimination against Muslim women’ could be questioned because “arbitrarily divorce and stay in first marriage In case of a second marriage the husband is no provision in respect of the woman and to protect the security. ”

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read : The Supreme Court Has Termed The Practice Of Three Divorce At One Time Unconstitutional And Illegal

If this method was found to be a violation of Article 14, 15 and 21 of the Constitution, in such cases, instead of “discriminatory provisions” of Muslim Personal Law, the law of the state can be preferred, in the same way as the case of Sati. “In this case, two preceding cases can be cited, under which” the laws related to marriage and succession are not part of religion. ”

Arguing on the question of ‘constitutionalism’ of three divorces before the five-member bench, the Attorney General underlined that the law was abolished by making laws on sati practice, feticide, polygamy, child marriage, devadasi practice and untouchability, while their In the side also, the religious beliefs were cited. In the background of these grounds, three divorces can be held as “constitutional”. He said that if the court reaches more or less similar conclusions then the government will bring about this law in force.

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In this context, the question of the prevalence of three divorces (challan) in Muslim society was only nominal. The attorney general did not voluntarily give this information, nor did the court ask him to do so in this regard. The attorney general questioned the relevance of this to its widespread and prolific nature. In three divorced Muslim societies, neither is general, frequent nor widely practiced.Kapil Sibal, who was lobbying on behalf of the All India Muslim Personal Law Board (AIMPLB), underlined this aspect, said that cases of divorce in the total Muslim divorces of less than half percent, that is, only 0.44% were found.

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