<p class="title">The government would oppose in the Supreme Court the practice of 'nikah halala', which allows a man to remarry his divorced wife, when the top court examines its legal validity in the coming days, a senior Law Ministry functionary said today.</p>.<p class="bodytext">The government believes that the practice is against the principles of gender justice and had made its stand clear in the apex court on the issue, the functionary said.</p>.<p class="bodytext">But the top court had then decided to only take up the issue of instant triple talaq and consider the issues of nikah halala and polygamy separately.</p>.<p class="bodytext">In March, the Supreme Court had issued notice to the Centre on the issue of nikah halala and polygamy.</p>.<p class="bodytext">"The stand is the same ... the Union of India is opposed to the practice. It will be reflected in the Supreme Court," the functionary said.</p>.<p class="bodytext">The apex court had last year declared instant triple talaq as unconstitutional. The government had later brought a bill to make triple talaq a penal offence.</p>.<p class="bodytext">The bill, passed by the Lok Sabha, is pending in the Rajya Sabha. It makes instant triple talaq illegal with up to three years in jail for the husband.</p>.<p class="bodytext">The Muslim Women (Protection of Rights on Marriage) Bill would only be applicable on instant triple talaq or 'talaq-e- biddat'. It gives power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children. A victim can also seek the custody of her minor children from the magistrate.</p>.<p class="bodytext">Under the draft law, instant triple talaq in any form -- spoken, in writing or by electronic means such as email, SMS and WhatsApp -- would be illegal and void.</p>.<p class="bodytext">The legal validity of nikah halala will now be examined by the Supreme Court. A Constitution Bench of the top court will hear four petitions challenging the legal validity of the practice.</p>.<p class="bodytext">Under nikah halala, a man cannot remarry his former wife unless she marries another man, consummates the marriage, gets a divorce and observes a period of separation period called 'iddat'. </p>
<p class="title">The government would oppose in the Supreme Court the practice of 'nikah halala', which allows a man to remarry his divorced wife, when the top court examines its legal validity in the coming days, a senior Law Ministry functionary said today.</p>.<p class="bodytext">The government believes that the practice is against the principles of gender justice and had made its stand clear in the apex court on the issue, the functionary said.</p>.<p class="bodytext">But the top court had then decided to only take up the issue of instant triple talaq and consider the issues of nikah halala and polygamy separately.</p>.<p class="bodytext">In March, the Supreme Court had issued notice to the Centre on the issue of nikah halala and polygamy.</p>.<p class="bodytext">"The stand is the same ... the Union of India is opposed to the practice. It will be reflected in the Supreme Court," the functionary said.</p>.<p class="bodytext">The apex court had last year declared instant triple talaq as unconstitutional. The government had later brought a bill to make triple talaq a penal offence.</p>.<p class="bodytext">The bill, passed by the Lok Sabha, is pending in the Rajya Sabha. It makes instant triple talaq illegal with up to three years in jail for the husband.</p>.<p class="bodytext">The Muslim Women (Protection of Rights on Marriage) Bill would only be applicable on instant triple talaq or 'talaq-e- biddat'. It gives power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children. A victim can also seek the custody of her minor children from the magistrate.</p>.<p class="bodytext">Under the draft law, instant triple talaq in any form -- spoken, in writing or by electronic means such as email, SMS and WhatsApp -- would be illegal and void.</p>.<p class="bodytext">The legal validity of nikah halala will now be examined by the Supreme Court. A Constitution Bench of the top court will hear four petitions challenging the legal validity of the practice.</p>.<p class="bodytext">Under nikah halala, a man cannot remarry his former wife unless she marries another man, consummates the marriage, gets a divorce and observes a period of separation period called 'iddat'. </p>