Shayara Bano v Union of India (2017)

Muslim Law (Family Law II) · Modes of Talak

Facts.

A woman divorced by instant triple talaq (talaq-e-biddat) challenged the practice as violating her fundamental rights.

Issue.

Is talaq-e-biddat (instant, irrevocable triple talaq) constitutionally valid?

Held.

By majority, the Supreme Court held talaq-e-biddat arbitrary and unconstitutional; it is not protected as an essential religious practice.

Why it matters.

It reformed the husband’s power of talak and led to the Muslim Women (Protection of Rights on Marriage) Act, 2019.

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