Independence Day 2024: Celebrating Trailblazing Judgments, Legislations and Policies – Charting the path to ‘Viksit Bharat’
Celebrating the 78th Independence Day by revisiting the most historical legal achievements of the country
Triple Talaq
[Mohammedan law] Legislature only prohibits Talaq-e-Biddat or Talaqs having effect of instantaneous and irrevocable divorce: Himachal Pradesh HC
In the present case, the FIR refers to the notice dated 25-04-2022, which reads that the petitioner conveyed the first communication of Talaq by pronouncing the word ‘Talaq’. It nowhere mentions that the Talaq had become irrevocable, or it had the effect of instantaneous divorce.
MP High Court quashes charges under Muslim Women (Protection of Rights on Marriage) Act; stresses on need for UCC to curb superstitious practices
“There are a lot of other deprecating, fundamentalist, superstitious and ultra-conservative practices prevalent in the society that are clothed in the name of faith and belief.”
Can a husband escape/wriggle out of maintenance obligations merely by pronouncement of “Talaq”? J&K and Ladakh HC answers
In the instant case, the Court had to consider whether maintenance proceedings under S. 488 of CrPC before Trial Court can be quashed on the ground of husband’s pleading that he had already divorced his wife.
Supreme Court reverses Uttaranchal High Court’s quashment in Triple Talaq case; points out required elements in FIR
It was alleged by the wife in the said FIR that she was subjected to physical abuse by her husband, who had pronounced triple talaq and was in relationship with another woman.
Allahabad HC rejects plea for quashing of proceedings under Muslim Women (Protection of Rights on Marriage) Act
Allahabad High Court said that if a case disclosing commission of an offence under remedial statute like Muslim Women (Protection of Rights on Marriage) Act, 2019 is nipped in the bud, the Statute aforesaid, which seeks to curtail a long-standing practice in society, would be bogged down.
Supreme Court's Triple Talaq judgment applies retrospectively; Andhra Pradesh High Court rejects husband's suit for decree of divorce
“By the time the judgment is proposed to be rendered on such a plaint, the law available for the Court would be that there was no Triple Talaq. Therefore, the view of the trial Court that the ratio in Shayara Banu's case (supra) is not applicable retrospectively is incorrect.” observed the Court
Justice S. Abdul Nazeer Retires- Throwback to a Career of Four Decades
After an extensive tenure of 6 years, Justice S. Abdul Nazeer retires today. During this time, Justice Nazeer had been a part of some path-breaking decisions such as- Right to Privacy, Triple Talaq, Ayodhya verdict etc. Justice Nazeer has also been the part of the Constitution Bench which decided upon the validity of Central Govt’s 2016 Demonetisation Scheme.
Ker HC | Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise; HC states
“Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise”
J&K and Ladakh HC | Can Shayara Bano’s judgment be invoked retrospectively to declare triple talaq pronounced before Sharaya Bano’s case null and void? HC answers
Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the judgment of Shayara Bano v. Union of India,(2017) 9
Triple Talaq| No bar on granting anticipatory bail for an offence committed under the Muslim Women (Protection of Rights on Marriage) Act, 2019: Supreme Court
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Indu Malhotra and Indira Banerjee, JJ has held that there is no bar
[Triple Talaq] Bom HC | Bail denied to Muslim Man accused of giving divorce illegally in violation of The Muslim Women (Protection of Rights on Marriage) Act, 2019
Bombay High Court: Sarang V. Kotwal, J., while denied bail on the light of giving divorce in violation of the provisions of The
Del HC | Merely because triple talaq has been declared to be void and illegal, it does not mean that legislature could not have made continuation of such practice an offence
Delhi High Court: A Division Bench of Vipin Sanghi and Rajnish Bhatnagar, JJ., in regard to Triple Talaq observed that, Prima facie it
Triple Talaq| SC issues notice to Centre on plea challenging the new law
Supreme Court: The bench of NV Ramana and Ajay Rastogi, JJ has agreed to examine the validity of a newly enacted law
Series of significant “Bills” passed in the 1st Session of Parliament after General Elections 2019 [Full List]
The First Session of the Parliament after the 2019 General Elections, the most productive session in the longest time was conducted. In
Triple Talaq void & illegal | Parliament passes the Muslim Women (Protection of Rights on Marriage) Bill, 2019!
Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill 2019, yesterday, i.e. 30-07-2019 and it would replace Muslim Women (Protection of
SC dismisses plea challenging constitutional validity ‘triple talaq’ ordinance
Supreme Court: A bench headed by Chief Justice Ranjan Gogoi dismissed a plea of a Kerala-based outfit challenging the constitutional validity of
In the historic judgment, SC says that Triple Talaq is not fundamental to Islam; Practice set aside by a 3:2 majority
Supreme Court: After conducting a 6-day hearing during summer vacations, the historic verdict on the validity of Triple Talaq is out and
Breaking: Triple Talaq struck down as unconstitutional by 3:2 majority
Supreme Court: A Constitution Bench of the Supreme Court has held by by 3:2 majority that the practice of Triple Talaq is unconstitutional