Instant triple talaq is not valid

CaseShayara Bano v. Union of IndiaCourtSupreme Court of IndiaDecided22 Aug 2017Bench5 judges (3:2 majority)
In one line

A marriage cannot be ended by saying “talaq” three times in one go.

What happened

A woman from Uttarakhand challenged the practice of instant triple talaq (talaq-e-biddat), through which her marriage was ended.

What the court decided

  • By a 3:2 majority, the court set aside instant triple talaq.
  • The majority held the practice was arbitrary and not protected.

What it means for you

  • The Muslim Women (Protection of Rights on Marriage) Act, 2019 now makes instant triple talaq void and a punishable offence.
  • A woman can claim a subsistence allowance for herself and her children.
  • Other lawful forms of divorce are not affected by this judgment.

Source: Judgment of the Supreme Court of India in Shayara Bano v. Union of India, decided on 22 Aug 2017.

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