SC not to give recognition to ‘triple talaq’

KATHMANDU: The Supreme Court has decided not to give recognition to triple talaq, a religious practice that allows a man to divorce his wife instantly.

The apex court has said that the divorce based on cultural practice other than divorce according to the prevailing laws of Nepal will be injustice to women.

In the full text of the verdict issued by a joint bench of Justices Tanka Bahadur Moktan and Hari Prasad Phuyal on April 9, 2023, it is mentioned that there is no exemption for second marriage on the basis of talaq even in Nepal as India among other countries have also not given recognition to the talaq done according to the Islamic tradition and culture.

Correcting the errors that have been made while issuing the verdicts from the two level of courts on the complaint filed by Sabia Tanvir Hasan against her husband Manauwar Hasan of Kathmandu Metropolitan City-16, the Supreme Court has given a clear explanation on which condition will be considered as divorce and on which condition the polygamy.

In the verdict, the Judges have also quoted and analysed the customs mentioned in the Quran, the sacred scripture of Islam, regarding divorce and marriage.

The Supreme Court said that Manauwar Hasan who gave talaq as per the Islamic traditions to make Mina Haluwai of Banke Nepalgunj Sub-Metropolitan City-1 his second wife cannot be accepted by law.

Though Manauwar Hasan, who married Sabiya 20 years ago, said that he had given divorce to her 13 years ago as per the Muslim culture, the court, citing various precedents and judgments of the courts of neighboring countries, said that divorce should be done as per the law.