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The government believes that the practice is contrary to the principles of gender justice and made it clear to the Supreme Court on the matter, said the official.
But the trial court then decided to deal only with the instant triple talaq issue and to consider the issues of nikah halala and polygamy separately.
In March, the Supreme Court issued a notice to the Center on the issue of nikah halala and polygamy.
"The position is the same … the Union of India is opposed to the practice, it will be reflected in the Supreme Court," said the official.
The Supreme Court had declared last year that the triple talaq was unconstitutional. Later, the government introduced a bill to make triple talaq a criminal offense.
The bill, pbaded by the Lok Sabha, is pending in the Rajya Sabha. It makes triple instant talaq illegal with up to three years in jail for the husband.
The bill on Muslim women (protection of rights to marriage) would only be applicable for the triple talaq or "talaq-e-biddat". It gives the power to the victim to approach a magistrate seeking "subsistence allowance" for herself and for minor children. A victim may also request the custody of his minor children from the magistrate.
According to the bill, the instant triple talaq, in any form – oral, written or by electronic means such as email, SMS and WhatsApp – would be illegal and void.
The legal validity of nikah halala will now be examined by the Supreme Court. A constitutional court of the higher court will hear four petitions challenging the legal validity of the practice.
Under nikah halala, a man can not remarry with his ex-wife unless she marries another man, consumes marriage, divorces and observes a period of separation called "iddat".
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