Shayara Bano v. Union of India and others.


Court :
Supreme Court

Brief :
The case was called Shayara Bano v. Union of India & Others. The bench that heard the controversial Triple talaq case in 2017 was made up of multifaith members. The five judges from five different communities are Chief Justice JS Khehar, a Sikh, Justices Kurian Joseph a Christian, RF Nariman a Parsi, UU Lalit a Hindu and Abdul Nazeer a Muslim. In a 397-page ruling, though two judges upheld the validity of Instant triple talaq (talaq-e-biddat), the three other judges held that it was unconstitutional, thus barring the practice by 3–2 majority. One judge argued that instant triple talaq violated Islamic law. The bench asked the central government to promulgate legislation within six months to govern marriage and divorce in the Muslim community. The court said that until the government formulates a law regarding instant triple talaq, there would be an injunction against husbands pronouncing Instant triple talaq on their wives.

Citation :
Shayara Bano v. Union of India and other Writ Petition(c) no. 118 of 2016.

Shayara Bano v. Union of India & others.

 

Rashi Chandok
on 19 March 2019
Published in Constitutional Law
Views : 1136
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