Earlier the A-G insisted that polygamy and nikah halala among Muslims were also to be decided by the court as they form part of triple talaq.
The petitioners' arguments concluded on Friday last week, with a host of Senior Advocates including Ram Jethmalani, Salman Khurshid, Anand Grover, Indira Jaising and Amit Singh Chadha appearing for various parties.
"The issue is not talaq, the issue is patriarchy that is part of every religion", he argued. "You are not an ecclesiastical court to check whether a practice is essential to Islam or not", Mr. Rohatgi said.
The court additionally watched that triple talaq authorised under Muslim Personal Law that represents marriage, property and separation damages the privileges of Muslim ladies. But even when it expires, making the divorce official, the couple can remarry, unless he declares it again, known as "triple talaq".
Attorney General Mukul Rohatgi informed the Supreme Court about the Narendra Modi government's intent when asked what are the remedies for a Muslim man to come out of a marriage if such practices are struck down.
The apex court has to test them on the touch-stone of the fundamental rights of gender equality, justice, dignity, gender discrimination and human rights under constitutional provisions, including Articles 14, 15, 21 and 51A.
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However, the All India Muslim Personal Law Board has opposed any judicial interference in what it calls a religious matter, protected under Article 25, which grants freedom of religion. "Hence, the contention of the man on this aspect is found to be without any merits", Special Judge Bhupesh Kumar said while relying on a Supreme Court observation.
"Most of the Muslim countries have declared it invalid and Muslim women have been raising their voice in India too against triple talaq", he told reporters here on the sidelines of an event.
- Rohatgi tells Constitution Bench that triple talaq violates women's rights to equality within the community.
Monday was the third day of the hearing on a clutch of petitions challenging triple talaq, polygamy and "nikah halala" which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsee, Hindu and Muslim.
Nonetheless, All India Muslim Personal Law Board (AIMPLB) direct Kapil Sibal told the peak court that Triple Talaq is a matter that goes under the Muslim board and hence, as he would like to think, the top court ought not to meddle with it. "It's a matter of faith", Sibal told the apex court bench.
When a five-judge SC bench headed by Chief Justice J S Khehar said, "we have taken a conscious decision to deal only with triple talaq", Attorney General Mukul Rohatgi drew the court's attention to the order by a two-judge bench which had mentioned all the three issues.