tender advice to the legislature, to enact law on an issue. However, the position as it presents in the present case, seems to be a little different. Herein, the views expressed by the rival parties are not in contradiction. The Union of India has appeared before us in support of the cause of the petitioners. The stance adopted by the Union of India is sufficient for us to assume, that the Union of India supports the petitioners’ cause. Unfortunately, the Union seeks at our hands, what truly falls in its own. The main party that opposed the petitoners’ challenge, namely, the AIMPLB filed an affidavit before this Court affirming the following position: “1. I am the Secretary of All India Muslim Personal Board will issue an advisory through its Website, Publications and Social Media Platforms and thereby advise the persons who perform ‘Nikah’ (marriage) and request them to do the following:- (a) At the time of performing ‘Nikah’ (marriage), the person performing the ‘Nikah’ will advise the Bridegroom / Man that in case of differences leading to Talag the Bridegroom / Man shall not pronounce three divorces in one sitting since it is an undesirable practice in Shariat (b) That at the time of performing ‘Nikah’ (Marriage), the person performing the ‘Nikah’ will advise both the Bridegroom/Man and the Bride/Woman to incorporate a condition in the ‘Nikahnama’ to exclude resorting to pronouncement of three divorces by her husband in one sitting. 3. I say and submit that, in addition, the Board is placing on record, that the Working Committee of the Board had earlier already passed certain resolutions in the meeting held on 15th & 16th April, 2017 in relation to Divorce (Talag) in the Muslim community. Thereby it was resolved to convey a code of conduct/guidelines to be followed in the matters of divorce particularly emphasizing to avoid pronouncement of three divorces in one sitting. A copy of the resolution dated April 16, 2017 along with the relevant Translation of Resolution Nos. 2, 3, 4 & 5 relating to Talaq (Divorce) is enclosed herewith for the perusal of this Hon’ble Court and marked as Annexure A-i (Colly) [Page Nos. 4 to 12] to the present Affidavit.” A perusal of the above affidavit reveals, that the AIM PLB has undertaken to issue an advisory through its website, to advise those who enter into a matrimonial alliance, to agree in the ‘nikah-nama’, that their marriage 270
