New Delhi, Aug 26: The Supreme Court on Friday issued notices to the union government on a petition challenging the constitutional validity of the triple talaq system.
During the course of the arguments, the court asked: "If Islam allows more than one wife then should one ask for triple talaq. He can marry again."
The Supreme Court is hearing a batch of petitions challenging the constitutional validity of triple talaq. Ishrat Jahan challenged Section 2 of the Muslim Personal Law (Shariat) Application Act of 1937. She termed it as unconstitutional as it violated fundamental rights guaranteed under Article 14 of the Indian Constitution dealing with equality.
In the petition, Jahan sought to know if unilateral divorce under triple talaq can deprive the wife of her rights in her matrimonial home. She also asked if it could deprive her custody of her children.
During an earlier hearing the court had issued notices to the All India Muslim Law Personal Board and others. The court had also favoured a wider debate on the issue. Before the court, the president of the All India Muslims Women Personal Law Board had favoured abolition of the system.