VidhiSangh

Supreme Court of India · 22/08/2017

SHAYARA BANO versus UNION OF INDIA AND OTHERS

[2017] 9 S.C.R. 797 · 2017 INSC 785

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

By a 3:2 majority, the Constitution Bench set aside talaq-e-biddat, or instantaneous triple talaq. The opinions reaching that result gave different reasons: Nariman J. treated its statutory recognition as manifestly arbitrary, while Kurian J. found it contrary to the Quranic principles governing Shariat and endorsed Shamim Ara. The minority’s proposal for a temporary injunction pending legislation was not the Court’s operative majority disposition.

Issues

  1. Whether talaq-e-biddat could retain legal effect.
  2. How the distinct majority reasons related to the common disposition.

Held

Result

Matters disposed of; talaq-e-biddat set aside by a 3:2 majority.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 797.