The Constitutional Bench of five Supreme Court judges on Triple Divorce has passed the verdict. Three judges termed triple divorce as unconstitutional. In addition, Chief Justice JS Khehar and Justice Abdul Nazir, in their decision, banned Triple Divorce for six months and had said that the government made laws on this. Justify Nariman, Justify UU Lalit and Justice Kurian Joseph, telling it totally wrong, declared Triple Divorce as unconstitutional in his decision.
The bench of five judges of the Supreme Court heard the arguments for divorce for six days in favor of the divorce and the case on triple Talak cases. During this hearing, a total of 30 parties have put their arguments in front of the court. The bench was headed by Chief Justice JS Khehar. The remaining members of the bench were Justice Kurien Joseph, Rohinton Nariman, UU Lalit and S. Abdul Nazir. Given the crucial constitutional questions related to the triple talak issue, it was handed over to the constitution bench of five judges.
Shayara Bano is a name that started campaigning against triple divorce or Triple talak. Shayra, a resident of Uttarakhand, got a divorce from the letter. They were treating their parents here. Her husband lives with children in Allahabad. Saira was not even given chance to meet the children. After all the efforts, when her husband did not listen, she reached the Supreme Court.
Shayara Banu’s marriage took place in 2002, but husband started oppressing her from the beginning. On October 10, 2015, the husband sent the order of triple talak from the registry to Shayra. Shayara Bano filed a petition in the Supreme Court and demanded that the three divorces, halala marriage and multi-marriage system be declared unconstitutional. Bano challenged the constitutionality of Section 2 of Muslim Personal Law (Shariat) Application Act 1937.
In the petition filed in court, Shayra has said that Muslim women are tied to hands and their sword hangs on them. At the same time, the husband has undisputed rights. This discrimination and inequality arises as a divorce three times in a row. Shayra says that soon after marriage, the in-laws started demanding a four wheel and more money, but that was not the only problem. From the beginning, my husband threatened to divorce me at all my mistakes.
For the first two years of marriage, when I did not have a child, my mother-in-law started pressurizing him to divorce me. Shayra is now the mother of a 14 year old boy and a 12 year old girl, the custody of both of them is with her husband. Shayra says that after one year of marriage to Rizwan, she was not allowed to go to his sister’s wedding in Allahabad. In the last 14 years, she did not get permission to go to her sister’s house, which is only half an hour away from her Allahabad house.
Shayra says, I beg to Rizvan (husband) 6 or 7 times for his appointment but he did not allow me to do this. His mother, Feroza Begum, says that emotional and physical pain has made Shayara the root. Prior to last year, her daughter had never given up her pain, even when Rizwan tried to suppress her throat. Firoza says that the mind was spoiled, taking a tension of the Shayra. We got treatment here.
In April last year, when Shayra’s health worsened, according to her Rizwan asked them to pack a small bagand Rizwan called Shaira’s father to meet them both on the way to Moradabad, from where they can take Shayra home. Shayra was told that she could return home only after she was completely cured. Shayra further says, “When my condition improved, I called them and said that take me back. But he did not want to me come back and did not even allowed to talk to my children. “Shayara waited for six months with restlessness and then got divorced.