SHAYARA BANO versus UNION OF INDIA AND OTHERS

Triple talaq ('talaq-e-biddat') is manifestly arbitrary and violative of Article 14 of the Constitution, lacking Quranic sanction and procedure, and must be set aside as unconstitutional to the extent it is recognized and enforced by Section 2 of the Muslim Personal Laws (Shariat) Application Act, 1937.

Parties: Petitioner: Shayara Bano; Respondent: Union of India; Respondent: Muslim Personal Board
Jurisdiction: India
Judgment Date: 22 August 2017
Procedural Posture: Writ Petition (civil) / Final Judgment
Outcome: Practice of 'talaq-e-biddat' (triple talaq) is set aside by a majority of 3:2.
Legal Topics: Muslim Personal Law, Talaq E Biddat, Triple Talaq, Fundamental Rights, Arbitrariness in Legislation

Constitutional Law Family Law Religious Law Muslim Personal Law Talaq E Biddat Triple Talaq Fundamental Rights Arbitrariness in Legislation

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Full judgment text Legal principles 4 Authorities cited 20 Party arguments 2

Parties

Shayara Bano

Petitioner

Union of India

Respondent

Muslim Personal Board

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

1 Validity and constitutionality of 'talaq-e-biddat' (triple talaq) under Muslim Personal Law and the Constitution of India
2 Whether the Muslim Personal Laws (Shariat) Application Act, 1937 recognizes and enforces triple talaq
3 Whether the practice of triple talaq violates Articles 14, 15, 21, and 25 of the Constitution

Ratio Decidendi

Court Disposition

Practice of 'talaq-e-biddat' (triple talaq) is set aside by a majority of 3:2.

Orders

Triple talaq is set aside and struck down to the extent recognized in Section 2 of the Muslim Personal Laws (Shariat) Application Act, 1937.
Matters disposed of.