Reply To: Talaq-e-biddat is banned by Law in India- Format of Talaq-e-biddat

Checkout Forums Civil Law Discourse Talaq-e-biddat is banned by Law in India- Format of Talaq-e-biddat Reply To: Talaq-e-biddat is banned by Law in India- Format of Talaq-e-biddat

#118324
advtanmoy
Keymaster

Triple Talaq (Talaq-e-biddat) must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution of India. In our opinion, therefore, the 1937 Act, insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression “laws in force” in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the 1937 Act to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him.

Refer- Supreme court in Shayara Bano Vs. Union of India and others (August 22, 2017)-[Writ Petition (C) No. 118 of 2016]