Justice Uday U Lalit had another question: "Then what's the remedy? How will a husband come out of a marriage?"
At this, Justice Kurian Joseph said: "We won't say whether the matter is politically sensitive or not, but it definitely is constitutionally sensitive."
CJI Khehar also intervened: "So you want all three wickets to go in one ball?” The AG responded: “Even if all three wickets fall, it is still counted as one wicket."
Justice Nariman also flagged another significant legal point: "One can complain against violation of fundamental rights against the State. If the State has not impinged upon fundamental rights, where is the question of our interfering? Can we intervene when it is about personal rights?"
The AG added that the apex court did not have to interpret Quran or any other religious scripture while deciding upon the validity of a practice. “Constitution is the only test and triple talaq definitely fails the muster,” he maintained.
"If there develops serious discord between the couple, and the husband does not at all want to live with her, legal compulsions of time-consuming separation proceedings and expenses may deter him from taking the legal course. In such instances, he may resort to illegal, criminal ways of murdering or burning her alive," it stated.
The Board also said that divorce proceedings instead of triple talaq could damage a woman's chances of re-marriage if the husband indicts her of loose character in court.
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