The observation was made when Rohatgi, appearing for the Centre, said the issues of polygamy and "nikah halala" were also part of the order of a two-judge bench which had referred to the Constitutional bench the three issues, including the practice of triple talaq among Muslims.
"The issue is not talaq, the issue is patriarchy that is part of every religion", he argued.
Nonetheless, the top court said that they have restricted time, so every one of the matters couldn't be secured at present.
"One half of a community in the country has to suffer inequality from their male counterpart".
Noting that the Constitutions protects personal laws and all patriarchal societies are discriminatory, Sibal said that all laws that applies to Hindus, Muslims, and other religions must be tested on the grounds of discrimination.
Earlier, the apex court had observed that triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among the Muslims, even though there were schools of thought which called it "legal".
Chief Justice Khehar insisted that the government should first address the issue whether triple talaq is "essential to religion or not".
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"There was a talk that whether Triple Talaq is legitimate unavoidably".
When a five-judge SC bench headed by Chief Justice J S Khehar said, "we have taken a conscious decision to deal only with triple talaq", Attorney General Mukul Rohatgi drew the court's attention to the order by a two-judge bench which had mentioned all the three issues.
The court highlighted that the Hindu Marriage Act and the Hindu Succession Act too prescribe certain rules for marriage, succession and inheritance according to religious texts and could be challenged as being unconstitutional.
Men can declare talaq - or divorce - at any point in a marriage and do not need approval form the court.
Rohatgi said this when asked what remedies a Muslim man would get if he wants to come out of a marriage when Triple Talaq is struck down.
The government had said there is no reason that women in India should be denied their Constitutional rights when "Muslim countries where Islam is the state religion have undergone extensive reform" in this sphere.
"Triple talaq is unlawful".
The court said there was "sufficient evidence" to issue notice to the Muslim man, who worked with the Coal India Ltd in Chhattisgarh, under the domestic violence act, saying "even depriving aggrieved person economically or financially amounts to domestic violence".