In a very strong observation, the Supreme Court has said that triple talaq is the worst and most undesirable form of ending a marriage among Muslims. The observations were made during a hearing on a batch of petitions challenging the constitutional validity of triple talaq. Chief Justice of India, J S Khehar who is heading the Bench also went on to compare triple talaq to death penalty.
While arguing the matter, the amicus curae informed the court that all over the world it is believed that if you say triple talaq six times, it means once. If a man says talaq thrice, it only means once, Salman Khurshid, the amicus curae said.
I personally find triple talaq sinful, Khurshid also said while adding that he believes that anything sinful could not have been ordained by Islam. A sinful act like triple talaq could not be part of the Shariat he also told the court.
The SC then asked him,"can anything sinful be taken as ordained by God and made into a law by men?" Something that is sinful in the eyes of God cannot be legal, Khurshid replied. The SC then sought to know how extensive the use of triple talaq was outside India. He replied that it is not practised in anyother country except in India.
He then suggested to the SC that the pronouncement of triple talaq is one sitting should also be regarded as pronouncement of talaq one time. This would solve 90 pre cent of the problem that get created by instant divorce through triple talaq in one sitting. The SC then sought to know if triple talaq is India specific, then what led to its repeal in other countries. He replied whatever is happening in India may have happened there and this must have led to its repeal.