The SC yesterday said the practice of triple talaq was the "worst" and "not desirable" form of dissolution of marriages among Muslims, even though there were schools of thought that termed it as "legal".
"There are school of thoughts (which) say that triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims," a five-judge constitution bench, headed by Chief Justice JS Khehar, said.
The observation came when former union minister and senior advocate Salman Khurshid, who is assisting the court in his personal capacity, told the bench that the issue doesn't need judicial scrutiny, and moreover, women have the right to say 'no' to it by stipulating a condition to this effect in the 'nikahnama'.
"The right of triple talaq is available only to the husband and not to the wife and it breaches the Article 14 (Right to Equality) of the Constitution," said senior advocate Ram Jethmalani, appearing for one of the victims.
Suicide bid over 'triple talaq'
A Muslim woman tried to immolate herself in Nawabganj police station, Farukkhabad, seeking an FIR against her husband who allegedly divorced her through 'triple talaq'.