“Can a qazi while drawing the nikahnama give a proforma to the wife stating that she can exclude the option of triple talaq as a clause in the marriage contract,” Justice Khehar questioned All India Muslim Personal Law Board’s counsel Kapil Sibal.
“It is not even advisory in nature. Leave alone it being a resolution,” said the CJI.
To this, Sibal said they would make this code of conduct on an affidavit and submit it to the court so that it has an official authority.
Indira Jaisingh, who was appearing for Bebaak Collective, one of the petitioners, strongly contended that there cannot be case for a “hands-off approach” for the court in this case and stated that though matters were complex here, “the court has to enter into complexities.”
“Law made by the court under Article 141 is the law of the land too. Every miscarriage of justice can be corrected by this court under Article 32 of the Constitution,” said Jaisingh.
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