The central government is trying to stop the ‘Halala’ after eliminating Tripal Talaq in Islam. The government is also taking the help of the court to stop this practice. A senior law officer of the law ministry said that the government will oppose the law of Halala in the Supreme Court, when the apex court will examine its legal validity in the days to come.
The ‘Nikah Halala’ is a practice in the Muslim community that allows any person in the community to marry again to their divorced wife. The official of the ministry said that the government believes that this practice is against the principles of ‘gender justice’ and it had made its stand clear in the top court on this issue.
However, the Supreme Court had then decided to only hear the matter of the immediate ‘Tripal Talaq’, while deciding to take a different view on the marriage of Halala and polygamy. In March, the Supreme Court issued notice to the Center on the Halala and polygamy. The official said that the government’s attitude is same. The Indian government is against this practice. It will be displayed in the Supreme Court.
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The Supreme Court had declared last year that the practice of three divorce was unconstitutional. The government brought a bill prior to this announcement that three divorces is a punishable offense. The Lok Sabha passed this bill and now it is pending in the Rajya Sabha. It makes three divorces invalid and provides punishment to husband.
Under the draft law, three divorces will be illegal and invalid in any form (in electronic form including oral, written or email, SMS and Whatsapp).