Case Commentary on Shayara Bano and Others v. Union of India and Others
There are certain cases which shapes the future of mankind in a particular society. The reason being that some of these cases are applicable on particular sections of the society. It has a tremendous effect on that particular section of society. One such case is Shayara Bano v. Union of India. This case is related with the issue of instant triple talaq (also known as talaq-e-biddat). It is one of the forms of talaq in Muslim law. Though it is not supported by all but it continues to prevail in the society. This case raises mainly three issues namely: Whether this form of talaq is Islamic in nature, whether is it protected by the Article 25 of the Constitution and whether it violates Article 14 or 15 of the Constitution of the India. This particular case deals with all those issues and the Hon’ble Court has decided to set aside this practice with the majority of 3:2.
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