“The scope of referring had all the three issues that was divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench,” Rohatgi said.
The Centre’s assertion assumes significance in the backdrop of the remarks of the apex court that it will only deal with the issue of triple talaq that too if it was fundamental to Islam.
The AG asked the bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer to make it clear that the issues of polygamy and ‘nikah halala’ are still open and would be dealt by other bench in future.
“It will be dealt in future,” the bench clarified. The bench is hearing a clutch of petitions challenging the practice of triple talaq among Muslims. The Centre has resumed its arguments in the case today.