Supreme Court refuses to interfere in triple divorce ordinance, CJI says – We will not interfere even after the fact
The Supreme Court refused to interfere in the triple divorce ordinance. CJI Ranjan Gogoi told the petitioners that you can have any facts but we will not interfere.
- The petition against the three divorce ordinances was rejected.
- Supreme Court refused hearing
- The Supreme Court said that we can not interfere in this matter.
New Delhi: Supreme Court refuses to interfere in triple divorce ordinance . CJI Ranjan Gogoi told the petitioners that you can have any facts but we will not interfere. The petition has demanded to declare three divorce ordinances as unconstitutional. It has been said in the petition that this ordinance is arbitrary and discriminatory. This ordinance is unconstitutional and violates the fundamental rights of equality. At the same time it is against the right of religious freedom. All Kerala Jamiat Ulema, Fate of Faizabad in UP and Mohammad Siddiqui have filed petitions.
It is worth noting that last year the Supreme Court had canceled the prevalence of three divorces (Divorce-e-Bidhat) in 1400 years in the Muslim community, in an historic decision, terming it as unconstitutional. The Supreme Court had said that three divorces, violation of fundamental rights.
In the judgment given on the basis of majority (3: 2) of the five judges bench, three divorces are clearly arbitrary because it allows Muslim men to end marital relations, they also try to save the relationship. Without doing Therefore, this practice can not be protected under Article 25 of the Constitution, which is the right of religious freedom.
In fact, Prime Minister Narendra Modi’s cabinet approved the ordinance on three divorces (Instant Triple Divorce) in September. During the Monsoon Session of Parliament, the amendment bill on three divorces was not passed due to the absence of a ruckus and political consensus in the Rajya Sabha. This is the reason why the Modi cabinet brought the ordinance and passed it. In this bill, on August 9, three amendments were made, in which the magistrate has the right to give bail and there is a provision for agreement with the court’s permission. The President also stamped this on this.