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A five-judge Constitution bench headed by Chief Justice J S Khehar also said if all ‘Qazis’ can be asked to include this condition at the time of marriage.
“Is it possible that Muslim women are given an option to say ‘no’ to triple talaq at the time of execution of nikahnama,” asked the bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer.
While seeking response from former Union Minister and senior advocate Kapil Sibal, representing AIMPLB, the bench said, “Don’t infer anything from our side.”
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Yesterday, the law board had equated the issue of triple talaq with the belief that Lord Rama was born in Ayodhya, saying these were matters of faith and cannot be tested on grounds of constitutional morality.