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Breaking: SC Declares Triple Talaq Unconstitutional By 3:2 Majority [Read Judgment]

LiveLaw News Network
22 Aug 2017 5:48 AM GMT
Breaking: SC Declares Triple Talaq Unconstitutional By 3:2 Majority [Read Judgment]
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Supreme Court of India on Tuesday has declared the practice of Triple Talaq as unconstitutional by 3:2 majority. Justices Kurian Joseph, UU Lalit and RF Nariman delivered the majority Judgment. Chief Justice Khehar and Justice Abdul Nazeer dissented .

"In view of the different opinions recorded, by a majority of 3:2 the practice of ‘talaq-e-biddat’ – triple talaq is set aside".

The multi-religion constitution bench comprises of Chief Justice J S Khehar  and Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer.

After six days of continuous hearing, the constitution bench had reserved its verdict on several petitions which challenged the constitutional validity of triple talaq on May 18.

Apart from petitions filed by Shayara Bano, Afreen Rahman, Ishrat Jahan, Gulshan Parveen and Farha Faiz, the bench also considered the October 2015 reference from the bench of justices Anil R Dave and Adarsh Kumar Goel who while dealing with a Muslim divorce case ordered registration of a Public Interest Litigation for a special bench to consider gender discrimination suffered by Muslim women owing to “arbitrary divorce and second marriage of their husbands during the currency of their first marriage”.

The judges had during the summer vacation examined if the practice of triple talaq among Muslims is fundamental to their religion and whether the practice is part of an “enforceable” fundamental right to practice religion by Muslims.

Read the Judgment Here

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