"We will keep them pending for future", a five-judge Constitution bench headed by Chief Justice J S Khehar said.
The A-G said triple talaq was not fundamental to Muslim personal law, and as the guardian of fundamental rights, the court should protect the rights of half of the Muslim population, which suffers discrimination.
The observation was made when Rohatgi, appearing for the Centre, said polygamy and nikah halala were also part of the order referred to the Constitution bench along with triple talaq.
While hearing a few requests documented by Muslim ladies testing the act of triple talaq, the summit court watched that it would look at whether the issue is essential to religion or not.
A five-judge bench of the apex court further observed that it would not hear polygamy issue along with the triple talaq case.
- Due to paucity of time, Supreme Court will only deal with the issue of triple talaq.
The state Health Minister said that the BJP government supports the rights of Muslim women.
Terming his position "very difficult", the court said that attempts to invoke Article 14 without the state was a "white wash".
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Citing examples, Khurshid told the court that the Triple Talaq practice can not be validated constitutionally.
The Supreme Court is continuing the hearing on the Triple Talaq case.
Describing the issue as "highly complex" which can't be resolved easily, he referred to Hindu Code under which customs are still protected, noting that even under 2006 Hindu Succession (Amendment) Act, 2005, a father can bequeath his entire property to his son without giving anything to his daughter. He had said the irrevocable nature of triple talaq can be negated if the three-time pronouncement of talaq in one go is considered one leaving the scope for reconciliation and re-union during the "iddat" (waiting) period.
This is published unedited from the IANS feed.
The Delhi court dismissed the claim of a man, accused of domestic violence by his wife, that their wedding was invalid as the per Islamic law, as she had not completed "iddat" after getting a divorce from her first husband.
"The issue is not talaq, the issue is patriarchy that is part of every religion", he argued.
The Centre's fresh attempt to seek a judicial review of all forms of "talaq", polygamy and "Nikah Halala" practiced under Muslim Personal Laws failed to get the nod of the Supreme Court on Monday. "The question to answer in this case will be whether women of one religion can be denied the full play of Fundamental Rights under the Constitution".
On the second day of the hearing last Friday, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the apex court that the controversial Islamic divorce system can not be justified whatsoever.