"But that decision where triple talaq is administered in one sitting is different from the decision in law which by majority says that personal laws can't be tested on the anvil of Part III of Constitution".
CJI Khehar and Justice Nazeer, even while holding triple talaq to be valid, ordered a stay on this practice for six months to enable legislature bring a law banning this practice.
Various petitioners had knocked the doors of the apex court seeking to strike down triple talaq.
Rohatgi, who had passionately argued the matter which was heard during the summer vacation, said that all laws including personal laws are subject to restrictions of the Constitution.
In May, the court announced that it would only examine whether triple talaq was part of an "enforceable" fundamental right to practice religion by the Muslims and not touch upon other areas such as polygamy.
"The ... practice can not therefore be set aside ... through judicial intervention".
"I welcome this historical decision". It is a historic day for Muslim women.
BJP Chief Amit Shah: "The judgement marks beginning of a new era of pride and equality for Muslim women. This judgment needs to be accepted and the law must be made as soon as possible", she said. "It is going to be a great herculean task to implement this on ground", ANI quoted AIMIM leader Asaduddin Owaisi as saying. During the hearing, he had told the SC that instant triple talaq "cannot be justified or given legal validity".
The Supreme Court had reserved its verdict on May 18, after conducting a continuous hearing on the issue from May 11.
Rights groups Amnesty, while welcoming the judgment, called for the repeal of all religious family laws that violate women's rights. Muslim religious elderly desire not to intervene by courts or governments on this whole religious issue.
Under the new ruling, the Government will now need to frame new divorce legislation, which would replace the abolished practice of triple talaq. It grants equality to Muslim women and is a powerful measure for women empowerment. His party BJP emerged a runaway victor in the electoral battle. It had continued in India because religious communities are generally allowed to follow their own precepts in personal matters such as marriage and divorce. More than 20 Muslim-majority nations, many of them theocracies, have already banned the practice including India's neighbours Pakistan and Bangladesh.