#SupremeCourt hearing plea challenging the practice of Talaq-e-Hasan by which a Muslim man can divorce his wife by saying the word "talaq" once a month, for three months.

#SupremeCourt #TalaqEHasan @benazir_hina @AshwiniUpadhyay
Bench had in the last hearing allowed the husband of the lead Petitioner to be impleaded.

Counsel for Petitioner: There is no settlement possible unlike in Shayara Bano. I tried my best.

Justice Kaul: You know what will happen.

Upadhayay: Benazir is here.

#SupremeCourt
Order: Ld Counsel for the private Respondent has entered appearance and stated that he is not agreeable to settlement even on issue of further alimony. List on 3rd week of February for final hearing.

Counters within 4 weeks, rejoinders 2 weeks thereafter.

#SupremeCourt
Counsel mentions another form of talaq that may be heard.

SC: You argue then.

#SupremeCourt
Order modified: Listed on third week of January.

#SupremeCourt
Counsel of lady who benefited from extra judicial talaq also appears: didn't have to go through courts and add to pending litigation. Upadhyay can mention his other plea also that is detailed.

Justice Kaul: That is his wish if he wants to.

@AshwiniUpadhyay #SupremeCourt
Upadhyay: Talaq e Kiyat they say Azad three times, bypassing triple talaq ban.

Justice Kaul: All of you please make sure pleadings are complete.

Sr Adv Siddhartha Dave: Lordships are always ahead of us.

SC: you made us move.

#SupremeCourt
Upadhyay: First time Mr Dave is not on pro-womens side.

Adv quips: He's on whoever side that fills his pockets.

Dave smiles, says: Upadhyay neevr approaches me.

Upadhyay: i appear pro bono.

#SupremeCourt

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More from @lawbarandbench

Oct 13
Bombay High Court is hearing the plea filed by Rutuja Latke seeking directions to BMC to accept her resignation so that she can contest Maharashtra byelections.

#BombayHighCourt @mybmc #AndheriEastBypoll Image
Sr Adv Vishwajeet Sawant for Latke stated that BMC had an idea that Latke wanted to resign on Sept 2, 2022. On Sept 29, she was informed that she cannot resign. On October 3, the Election Commission of India declared elections. Same day she formally resigned.
Sawant: Last date for filing nomination is October 14.
Just because of my contesting elections some political view is taken of it.
If there is voluntary resignation, there is nothing pending against me, you have accepted but not given formal acceptance of the same.
Read 10 tweets
Oct 13
#SupremeCourt hearing IAs relating to compensation and rehabilitation of those displaced by the demolitions in Khori Gaon, Faridabad.

Matter before Justices Sanjay Kishan Kaul and AS Oka. Image
SC: Only issue before us is the new houses are not habitable and the 2000 Rs solatium.

Counsel for Faridabad Municipal Corporation says steps still being taken in this regard including clearing further encroachments.

#SupremeCourt
Counsel says flats are habitable.

SC: Given the scenario earlier, very difficult to believe your officers.

Counsel: I went and can go with Mr Parikh.

SC: We can send an in independent commissioner. We had modified order relating to solatium.
Read 14 tweets
Oct 13
#SupremeCourt #CourtroomExchange

Bench was hearing a matter where marriage was sought to be quashed using Article 142 powers as husband pointed out earlier efforts at reconciliation have failed.

Justice Kaul: Why force 2 young people who have their life ahead of them to ... Image
Justice Kaul: something that is not working out.

#SupremeCourt
Justice Kaul: We don't have the Western system here where you file divorce one day and get it approved the next. Here i feel that both parties need to give it a try, we can't import western philosophy.

#SupremeCourt #CourtroomExchange
Read 6 tweets
Oct 12
#SupremeCourt Bench of Justices Sanjiv Khanna and JK Maheshwari to hear matter of stray dogs issue in Kerala.

#straydogs #kerala #SupremeCourtOfIndia Image
The top court had last month orally suggested that the Kerala government should work towards finding a middle ground to tackle the stray dog menace and balance the same with animal rights.

barandbench.com/news/litigatio…
Justice Khanna: I could not get the (committee) report.

Counsel says it is ready and submits the same. Bench goes through it and discusses.

#SupremeCourt
Read 37 tweets
Oct 12
#SupremeCourt is hearing a plea by NRI businessman Ahmed Buhari challenging ED proceedings against him.

Bench of Justices Surya Kant and MM Sundresh hearing matter. Image
Counsel: investigation going on since 2018. I'm in custody since March.

ASG KM Nataraj: Status report has been filed.

#SupremeCourt
Sr Adv Mukul Rohatgi: Two days prior to last hearing they filed letter rogatory. The judge has not ordered them to go, only then they can go to the mission.

SC: It was (ordered).

Rohatgi: must have been recently. But these things take time. My lord it started
Bench discusses
Read 4 tweets
Oct 12
#SupremeCourt Constitution Bench led by Justice S Abdul Nazeer to hear pleas challenging the 2016 demonetisation of 500, 1000 rupee notes.

Bench to decide whether an academic exercise to determine the move's validity is needed at this stage.

#Constitution #demonetisation Image
Solicitor General Tushar Mehta appears: As indicated by Your Lordships indicated, the questions of law might be academic. There might be some individuals issues. My suggestion is that they can be taken care of on admin side.

#SupremeCourt #Demonetisation
Read 111 tweets

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