Shayara Bano v. Union of India
(2017) 9 SCC 1 · 5-judge bench (3:2 majority)
Shayara Bano challenged the practice of "talaq-e-biddat" (instant triple talaq) — where a Muslim husband could divorce his wife instantly and unilaterally by saying "talaq" three times, with no waiting period, reconciliation attempt, or judicial process.
By a 3:2 majority, the Court held instant triple talaq unconstitutional — arbitrary, and not protected as an essential religious practice.
Led directly to Parliament passing the Muslim Women (Protection of Rights on Marriage) Act, 2019, which made the practice of instant triple talaq a criminal offence, not just void as a matter of family law.
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The arbitrariness/equality ground the practice was struck down on
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