IN THE SUPREME COURT OF INDIA
ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 118/2016
It is the historical and constitutional judgement of supreme court on TRIPLE TALAQ .
The petitioner Shayara Bano, has approached this case, for assailing the divorce pronounced by her husband – Rizwan ahmad on 10.10.2015, wherein he affirmed “in the presence of witnesses saying that I gave TALAK, TALAK, TALAK; hence like this divorce from you from my wife.
From this date there is no relation of husband and wife between us. From today I am ” HARAAM” .
In future you are free for living your life and I am also free to live my life everywhere. the aforesaid divorce was pronounced before Mohammed Yaseen s/o Abdul Majeed and Ayaaz Ahmed s/o Ityaz Hussain. Both of them was presented there at the time of divorce pronounced.The petitioner has sought a declaration, that the TALAQ -E – BIDDAT pronounced by her husband on dated 10/10/2015 be declared void ab initio. It was submitted, that the triple talaq , pronounced by her husband is not valid, as it is not a part of Shariyat law.
It was also submitted, that the practice of triple talaq is violative of the fundamental rights guaranteed to the citizen of India, under articles 14, 15, and 21 of the Indian constitution.
ORDER OF THE COURT :-
In view of the different opinions recorded, by a majority of 3:2 the practice of triple talaq is set aside.
JAGDISH SINGH KHEHAR CJI
KURIAN JOSEPH J.
S.ABDUL NAZEER J.
ROHINTON FALI NARIMAN J.
UDAY UMESH LALIT J.
ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 118/2016
It is the historical and constitutional judgement of supreme court on TRIPLE TALAQ .
The petitioner Shayara Bano, has approached this case, for assailing the divorce pronounced by her husband – Rizwan ahmad on 10.10.2015, wherein he affirmed “in the presence of witnesses saying that I gave TALAK, TALAK, TALAK; hence like this divorce from you from my wife.
From this date there is no relation of husband and wife between us. From today I am ” HARAAM” .
In future you are free for living your life and I am also free to live my life everywhere. the aforesaid divorce was pronounced before Mohammed Yaseen s/o Abdul Majeed and Ayaaz Ahmed s/o Ityaz Hussain. Both of them was presented there at the time of divorce pronounced.The petitioner has sought a declaration, that the TALAQ -E – BIDDAT pronounced by her husband on dated 10/10/2015 be declared void ab initio. It was submitted, that the triple talaq , pronounced by her husband is not valid, as it is not a part of Shariyat law.
It was also submitted, that the practice of triple talaq is violative of the fundamental rights guaranteed to the citizen of India, under articles 14, 15, and 21 of the Indian constitution.
ORDER OF THE COURT :-
In view of the different opinions recorded, by a majority of 3:2 the practice of triple talaq is set aside.
JAGDISH SINGH KHEHAR CJI
KURIAN JOSEPH J.
S.ABDUL NAZEER J.
ROHINTON FALI NARIMAN J.
UDAY UMESH LALIT J.