Skip to main content






The Supreme Court issued a historic judgement on the constitutional legitimacy of "Talaq-e-Biddat," also known as "Triple Talaq," one of three male-initiated divorces in the Muslim community, the other two being "Talaq ahasan" and "Talaq hasan." As the name implies, this type of divorce allows a Muslim man to divorce his wife immediately by pronouncing the word "talaq" three times. The channels of communication in this case could be written, oral, or even electronic, adding to a woman's vulnerability in this arbitrary and unilateral divorce. This contentious custom, which intersects gender identity and community, has left Muslim women vulnerable to abuse and in a morbid state, especially given the socioeconomic aspect, where the majority of women are financially dependent on their spouse, and the added fear of this arbitrary divorce leaves many cases of marital abuse unreported.




In the presence of two witnesses, Rizwan Ahmad (husband) pronounced Talaq, Talaq, Talaq and delivered Talaq nama to Shayara Bano on October 10, 2015. (wife). The wife filed a petition with the Supreme Court, asking for a writ declaring the divorce void ab initio since it infringed on her fundamental rights. As a result, the constitutional legality of Triple Talaq was put into doubt before a Supreme Court Constitution bench of five judges.


  1. Whether the practice of Triple Talaq is constitutional?

  2. Whether the practice of Triple Talaq is an essential religious practice of Islam?



The Supreme Court's Constitution Bench upheld and ruled the practise of instantaneous Triple Talaq or Talaq-e-biddat to be unlawful under Article 14 read with Article 13(1) of the Indian Constitution by a 3:2 majority. The Court concluded in Shayra Bano versus UOI that the Muslim Personal Law (Shariat) Application Act of 1937 sanctioned the practise as a matter of personal law.

The Court clarified that “…an arbitrary action must involve negation of equality” and determined that, because triple talaq states that “…the marital tie can be broken capriciously with no attempt at reconciliation to save it”, this arbitrariness violates Article 14 of Constitution of India.

The Supreme Court also ruled in Shayra Bano v UOI that the Muslim Personal Law (Shariat) Application Act 1937 is void because it recognises and enforces triple talaq, citing Article 13(1) of the Constitution, which states that all laws in force immediately before the commencement of the current Constitution (including the 1937 Act) are void if they are incompatible with the Constitution's fundamental rights. It stated that the practise of Talaq-e-biddat is not protected by Article 25's exception because it is not an essential component of the Islamic religion, according to the court. The court further defended its stance by claiming that, while the Hanafi School follows it, it is immoral to do so. The Quran's essential precepts are contradicted by Triple Talaq and whatever contradicts Quranis contradicts Shariat; thus, what is bad in theology cannot be good in law.



The landmark decision in Shayra Bano case is unquestionably a step toward equality, and it has provided a foundation for future personal law and social amendments. This decision in Shayara Bano v UOI also dealt with the minority in a very viable manner, which is a step toward secularism.





Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti