The judgement in the triple talaq case came two years after Shayara Bano from Uttarakhand approached the top court after her husband of 15 years sent her a letter with word talaq written thrice to divorce her.
In a landmark verdict today, the Supreme Court banned the controversial practice of triple talaq that allows Muslim men to divorce their wives instantly by saying "talaq" thrice. A five-judge bench in a split verdict ruled that the practice of instant triple talaq is unconstitutional and against the teachings of Islam. Several Muslim women who have been divorced on phone, through letters and even via WhatsApp had argued that the practice was "unlawful" and appealed to the top court to end it.
The bench comprising Chief Justice JS Khehar, Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and Abdul Nazeer began hearing the petitions in May.
The judgement came two years after Shayara Bano from Uttarakhand approached the top court after her husband of 15 years sent her a letter with talaq written thrice. Petitions of four other women were tagged with Ms Bano's plea. The Zakia Soman-led Bharatiya Muslim Mahila Andolan (BMMA) is the sixth petitioner in the case.
Let's take a look at the petitioners:
Shayara Bano
After being married for 15 years, Shayara Bano's husband gave her triple talaq in October 2015. The 36-year-old woman approached the Supreme Court in 2016, challenging the validity of arbitrary practices against women followed by Muslims.
Her petition sought the Supreme Court to declare talaq-e-bidat, polygamy and nikah halala illegal and unconstitutional. Ms Bano's husband opposed her plea on the ground they were governed by the Muslim Personal Law and all three discriminatory practices are sanctified provisions under the very same law.
Ms Bano's husband Rizwan Ahmed, a property dealer in Allahabad, also took away her two kids. She alleged her in laws also forced her to undergo six abortions and she had gone through much physical and mental stress. She even went to consult a local cleric. But he told her that the talaq was valid.
Prime Minister Narendra Modi's government filed an affidavit against the triple talaq based on her petition.
Ishrat Jahan
Ishrat Jahan from Howrah, West Bengal, was divorced by her husband over a phone call. All she remembers of their conversation is that in April 2015, her husband of 15 years, Murtaza, called from Dubai, said talaq, talaq, talaq and disconnected the call.
After that, he had allegedly married another woman and took away their four children. Ms Jahan now wants her children back, and maintenance from Murtaza.
"I don't accept the talaq by phone. I want justice. I want my three daughters and one son back from my husband who snatched them away and I want maintenance for their upbringing. That's why I have gone to court. I will fight to the finish," she said.
Gulshan Parween
Gulshan Parveen of Rampur in Uttar Pradesh petitioned in Supreme Court asking for abolishing the practice of triple talaq. In 2015, she says her husband sent her a talaqnama on a Rs. 10 stamp paper when she was at her parents' home. She was also subjected to domestic violence by him for dowry for over two years.
"My husband felt like it one fine day and suddenly both my two-year-old son Ridan and I were homeless," said Ms Parween. She refused to accept it, following which her husband approached Rampur family court asking for dissolution of marriage based on the talaqnama.
Aafreen Rehman
Afreen Rehman got married in 2014 after finding a match through a matrimonial portal. However, "after two-three months my in-laws started mentally harassing me, demanding dowry," ANI quoted her as saying. "Later they even started beating me and in September 2015 they asked me to leave their house."
She went back to her parents' home and received a letter via speed post announcing a divorce, she said. "This is completely wrong, unfair and unacceptable. I've filed a petition in Supreme Court seeking the court's intervention in the matter," she had said last year.
Atiya Sabri
Atiya Sabri's bad news from her husband too came on a piece of paper. Atiya Sabri and Wazid Ali got married in 2012. She approached the Supreme Court in January this year challenging triple talaq given by her husband on a piece of paper.
She has two daughters aged four and three. "Talaq given to me cannot be justified. I need justice as I have to raise my daughters," said Ms Sabri.
Bharatiya Muslim Mahila Andolan
A petition, titled 'Muslim Women's Quest for Equality', was filed by the Bharatiya Muslim Mahila Andolan (BMMA). The BMMA argued that Allah says men and women are equal.
Zakia Soman of the BMMA said, "We have reproduced verses from the Quran about talaq, negotiations and how it should happen over a minimum period of 90 days. The second argument is about gender justice. There is no ambiguity in the Constitution of India about all citizens having equal rights."
(Source: NDTV)
In a landmark verdict today, the Supreme Court banned the controversial practice of triple talaq that allows Muslim men to divorce their wives instantly by saying "talaq" thrice. A five-judge bench in a split verdict ruled that the practice of instant triple talaq is unconstitutional and against the teachings of Islam. Several Muslim women who have been divorced on phone, through letters and even via WhatsApp had argued that the practice was "unlawful" and appealed to the top court to end it.
The bench comprising Chief Justice JS Khehar, Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and Abdul Nazeer began hearing the petitions in May.
The judgement came two years after Shayara Bano from Uttarakhand approached the top court after her husband of 15 years sent her a letter with talaq written thrice. Petitions of four other women were tagged with Ms Bano's plea. The Zakia Soman-led Bharatiya Muslim Mahila Andolan (BMMA) is the sixth petitioner in the case.
Let's take a look at the petitioners:
Shayara Bano
After being married for 15 years, Shayara Bano's husband gave her triple talaq in October 2015. The 36-year-old woman approached the Supreme Court in 2016, challenging the validity of arbitrary practices against women followed by Muslims.
Her petition sought the Supreme Court to declare talaq-e-bidat, polygamy and nikah halala illegal and unconstitutional. Ms Bano's husband opposed her plea on the ground they were governed by the Muslim Personal Law and all three discriminatory practices are sanctified provisions under the very same law.
Ms Bano's husband Rizwan Ahmed, a property dealer in Allahabad, also took away her two kids. She alleged her in laws also forced her to undergo six abortions and she had gone through much physical and mental stress. She even went to consult a local cleric. But he told her that the talaq was valid.
Prime Minister Narendra Modi's government filed an affidavit against the triple talaq based on her petition.
 |
| Shayara Bano's husband Rizwan Ahmed also took away her two kids after triple talaq |
Ishrat Jahan
Ishrat Jahan from Howrah, West Bengal, was divorced by her husband over a phone call. All she remembers of their conversation is that in April 2015, her husband of 15 years, Murtaza, called from Dubai, said talaq, talaq, talaq and disconnected the call.
After that, he had allegedly married another woman and took away their four children. Ms Jahan now wants her children back, and maintenance from Murtaza.
"I don't accept the talaq by phone. I want justice. I want my three daughters and one son back from my husband who snatched them away and I want maintenance for their upbringing. That's why I have gone to court. I will fight to the finish," she said.
Gulshan Parween
Gulshan Parveen of Rampur in Uttar Pradesh petitioned in Supreme Court asking for abolishing the practice of triple talaq. In 2015, she says her husband sent her a talaqnama on a Rs. 10 stamp paper when she was at her parents' home. She was also subjected to domestic violence by him for dowry for over two years.
"My husband felt like it one fine day and suddenly both my two-year-old son Ridan and I were homeless," said Ms Parween. She refused to accept it, following which her husband approached Rampur family court asking for dissolution of marriage based on the talaqnama.
Aafreen Rehman
Afreen Rehman got married in 2014 after finding a match through a matrimonial portal. However, "after two-three months my in-laws started mentally harassing me, demanding dowry," ANI quoted her as saying. "Later they even started beating me and in September 2015 they asked me to leave their house."
She went back to her parents' home and received a letter via speed post announcing a divorce, she said. "This is completely wrong, unfair and unacceptable. I've filed a petition in Supreme Court seeking the court's intervention in the matter," she had said last year.
Atiya Sabri
Atiya Sabri's bad news from her husband too came on a piece of paper. Atiya Sabri and Wazid Ali got married in 2012. She approached the Supreme Court in January this year challenging triple talaq given by her husband on a piece of paper.
She has two daughters aged four and three. "Talaq given to me cannot be justified. I need justice as I have to raise my daughters," said Ms Sabri.
Bharatiya Muslim Mahila Andolan
A petition, titled 'Muslim Women's Quest for Equality', was filed by the Bharatiya Muslim Mahila Andolan (BMMA). The BMMA argued that Allah says men and women are equal.
Zakia Soman of the BMMA said, "We have reproduced verses from the Quran about talaq, negotiations and how it should happen over a minimum period of 90 days. The second argument is about gender justice. There is no ambiguity in the Constitution of India about all citizens having equal rights."
(Source: NDTV)
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