After triple talaq, SC to examine Parsi law on divorce

After invalidating 'triple talaq', the Supreme Court on Friday agreed to consider a plea questioning the validity of provisions of the pre-Independence era Parsi Marriage and Divorce Act.

A bench of Justices Kurian Joseph and Amitava Roy sought to know the Centre's stand on the issue.

The lawyer for the petitioner, a Parsi woman, told the bench that they have challenged the provision of the Parsi Marriage And Divorce Act, 1936 which was akin to "jury system" in divorce matters. It would have a pan-India effect.

The counsel also cited the apex court's ruling holding the practice of divorce through instant triple talaq among Muslims as illegal, void and unconstitutional, and said that this issue among Parsis has also to be considered.

During the brief hearing, the bench asked the petitioner if this provision under the Act was followed since 1936 and nobody challenged it yet.

Responding to this, the counsel said, "yes, nobody has challenged it. Today, there are family courts covering all such matters except this issue. This has to be considered by this court."

Under the Parsi Matrimonial and Divorce Act, 1936, the Bombay Parsi Punchayet nominates each jury member for a 10-year term. The jurors hold sessions at the Bombay High Court to decide divorce cases.

The court asked the petitioner to serve a copy of the plea to the additional solicitor general, and fixed the matter for hearing next week.

Earlier, the apex court had referred to the Constitution Bench to decide if a Parsi woman would retain her religious identity after solemnising her marriage to a man from some other faith under the Special Marriage Act.