#CaseLaw 2/10
Shayara Bano v. Union of India and others[2]
🔰Facts of the case revolve around a resident of Uttarakhand who represented the plight of several Muslim women. She had an ugly marriage and she was divorced by her husband by way of triple talaq (Talaq-ul-biddat).
Issue: Whether this practice of triple talaq is unconstitutional because it violates Article 14,19,21 of the Constitution.
❄️Held: The Supreme court decided that this practice is violative of Article 14 because it is only the man in the marriage who can practise it and the woman cannot hence the principle of equality is violative of Article 14 because it is only the man in the marriage who can practise it and the woman cannot hence the principle of equality is violated. By the virtue of Article 19 the woman should have the choice whilst divorce. And And Article 21 ensure right to life with personal liberty.
Shayara Bano v. Union of India and others[2]
🔰Facts of the case revolve around a resident of Uttarakhand who represented the plight of several Muslim women. She had an ugly marriage and she was divorced by her husband by way of triple talaq (Talaq-ul-biddat).
Issue: Whether this practice of triple talaq is unconstitutional because it violates Article 14,19,21 of the Constitution.
❄️Held: The Supreme court decided that this practice is violative of Article 14 because it is only the man in the marriage who can practise it and the woman cannot hence the principle of equality is violative of Article 14 because it is only the man in the marriage who can practise it and the woman cannot hence the principle of equality is violated. By the virtue of Article 19 the woman should have the choice whilst divorce. And And Article 21 ensure right to life with personal liberty.