Shayara Bano v. Union of India

In Shayara Bano v. Union of India, the petitioner was divorced by her husband after 15 years of marriage through talaq-e-biddat, a practice by which a Muslim man can divorce his wife by pronouncing “talaq” three times in one sitting, without the wife’s consent. She filed a writ petition challenging the practice as unconstitutional. A Constitution Bench of the Supreme Court, by a 3:2 majority, declared talaq-e-biddat unconstitutional and prohibited Muslim husbands from using it to dissolve a marriage. The majority held that the practice is unconstitutional because it is manifestly arbitrary. A concurring opinion found that talaq-e-biddat is contrary to the Quran and lacks legal sanction. The Court directed Parliament to enact appropriate legislation, which led to the Muslim Women (Protection of Rights on Marriage) Act of 2019. 

Topics

• Divorce and dissolution of marriage
• Gender discrimination
• Harmful traditional practices

Geographical location

• Asia
• India

Keywords

• religious law
• constitutional rights
• child custody

Year

• 2017

External URL

• Shayara Bano v. Union of India

Court

• Supreme Court of India

Type

• Domestic Case Law

Jurisdiction

• India