Shayara Bano v. Union of India

The petitioner was divorced by her husband after 15 years of marriage by means of the talaq-e-biddat declaration. She filed a writ petition arguing that the declaration was unconstitutional. Talaq-e-biddat is a practice whereby a Muslim man can divorce his wife upon saying “talaq-e-baddat” thrice in one sitting. The wife’s consent is not required in this practice. The Constitutional Bench of the Supreme Court of India declared the practice unconstitutional by a majority vote of 3:2 and injuncted Muslim husbands from pronouncing “Talaq-e-biddat” as a means for severing the marital ties. The court reasoned that the practice is unconstitutional because it is manifestly arbitrary in nature. There was also a concurring opinion which held that the practice of talaq-e-biddat is against the holy Quran and thus lacks legal sanction. In its judgement, the Court also directed the Parliament of India to take appropriate measures to bring related legislation into effect. Consequently, the Muslim Women (Protection of Rights on Marriage) Act came into effect on 31st of July 2019.



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