On Monday, the Apex Court said that due to the scarcity of time, it only will hear the issue of Triple Talaq at present. It added that it will keep issues of nikah halala and polygamy pending for now; though the Centre on Monday requested deliberations on the later two problems as well.
“It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future,” a five-judge Constitution bench headed by Chief Justice J.S. Khehar said.
The observation was made when attorney general Mukul Rohatgi, appearing for the Center, said that the issues of polygamy and ‘nikah halala’ were also part of the order of a two-judge bench which had referred to the Constitutional bench the three issues, including the practice of triple talaq among Muslims.
“The scope of referring had all the three issues that was divorce, nikah halala, polygamy. All these issues that was divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench,” Rohatgi said.
The bench, which began hearing piles of petitions on ‘instant triple talaq’ or talaq-e-bidat last week, observed on its first hearing that it will first determine if instant triple talaq is fundamental to Islam while stating that it will not dwell on polygamy and nikah halala.
“It will be dealt in future,” the bench clarified.