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Home Landmark Judgments Equality & Social Justice
2017

Shayara Bano v. Union of India

(2017) 9 SCC 1 · 5-judge bench (3:2 majority)

The Facts

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.

The Holding

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.

Cross-References

Related law

Art. 14

The arbitrariness/equality ground the practice was struck down on

This is a plain-English summary, not verbatim judgment text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the full judgment (indiankanoon.org, sci.gov.in) or a qualified advocate before relying on this for an actual legal situation.