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Triple Talaq (SC Viewpoint (Personal Law (Only integral to religion…

- - - - Approaches Qazi & he annuls marriage on her behalf if he finds merit
      - Not comparable to talaq i bidat were husband full authority
    - - Talaq can be pronounced by husband or give power to an agent including wife, can be conditional
      - Still husband has power to pronounce talaq i bidat
      - No mention in Koran or Prophetic hadees, Koran equal right for men & women
    - - Mutually agreed divorce with monetary consideration(eva z)
      - Should be agreed by husband
      - Supported by Compendium of Islamic Laws published by All India Muslim personal Law Board 2001
    - - Mutual swearing to avoid punishment for adultery
      - If partner accuses & there is no witness, swear 4 times in name of God & 5th time saying ready to invoke curse of God on yourself if you are lying; if other partner does the same then punishment shall not be imposed
      - After mutual swearing according to CIL Qazi will effect separation, irrevocable divorce
    - - If child marriage conducted by person other than father or paternal grandfather, can be annuled by girl on attaining puberty given that marriage is not consummate
      - Endorses child marriage