Following the historic verdict of the Supreme Court on triple talaq, the question is what happens to the pending cases. OneIndia spoke to several legal experts who pointed out that the Muslim women who have challenged their divorce granted through instant triple talaq would have their marriages restored.
The Supreme Court on Tuesday struck down instant triple talaq or talaq-e-biddat as unconstitutional. While the verdict was pertinent only to talaq-e-biddat or instant triple talaq, it would not be applicable to the other forms of divorce in the Muslim community.
The Supreme Court on Tuesday observed that what is bad in Quran cannot be good in Shariat. This observation was made by Justice Kurian Joseph who wrote the majority judgement in which triple talaq was struck down 3:2.
In a major victory for women’s rights, the Supreme Court of India struck down instant triple talaq or talaq-biddat while declaring it unconstitutional. In a 3:2 majority verdict the court held that the practise was unconstitutional and it violates fundamental rights of a woman as it irrevocably ends marriage without any scope of reconciliation.
The Supreme Court while exercising its extraordinary jurisdiction under Article 142 barred Muslim men from divorcing their wives through instant talaq. This order would be in force for the next six months until the Centre comes up with a new law as per the directive of the Supreme Court.
The Congress appears to have made a significant transition from Shah Bano to Shayara Bano. Rahul Gandhi on Wednesday welcomed the verdict of the Supreme Court which in a 3:2 majority struck down instant triple talaq as unconstitutional.
Chief Justice of India, J S Khehar who delivered the minority verdict in the triple talaq case spoke about a legislation which the government had to come up in six months. While both the government and the BJP called the verdict in which triple talaq was stuck down as historic, they were guarded on the legislation part of it.
The Home Ministry will send out an advisory to all states and union territories to strictly enforce the verdict of the Supreme Court which struck down instant triple talaq as unconstitutional. Home Ministry officials told OneIndia that the advisory will be sent out to all 29 states and seven union territories to ensure strict compliance of the Supreme Court’s verdict.
The Supreme Court on Tuesday struck down instant triple talaq or talaq-biddat. This practise was challenged by several women in the Supreme Court who termed the practise as unconstitutional and violative of their fundamental rights.
The Supreme Court is set to pronounce a historic judgment on triple talaq today. It would either declare the practise as valid or unconstitutional or let the government take a decision on the matter.