Studying Shayara Bano's case....
Triple Talaq : Bad in Law In recent verdict of Shayara Bano v. Union of India and Ors 1 Hon’ble Supreme Court has scrutinized the constitutional validity of Talaq-e-biddat (Triple Talaq) wherein by majority of 3:2 the practice of Talaq-e-biddat has been set aside. The issue before the Hon’ble Supreme Court was whether practice of Triple Talaq as practiced amongst Hanafi sect of Sunni Muslims in India is ultra vires the Fundamental Rights enshrined in Indian Constitution. The main contention of the petitioner was that such practice of Triple Talaq violates Articles 14, 15(1) and 21. Whereas respondents contended judicial intervention should be limited in the matters pertaining to personal laws. Also Section 2 of Muslim Personal Law (Shariat) Application Act, 1937 was in challenge. This article is an attempt to flash light on the said judgment with certain other relevant material. Among Muslims in India mainly three modes of Talaq / Divorce are found viz