The APEX COURT has declared that TRIPLE TALAQ is CONSTITUTIONALLY INVALID. The five judge bench of the Supreme court consisting of judges from different religions to certain extent unanimously agreed to the fact that this old ARM of divorce that vested in the hands of married men of the Muslim community empowering them to get separated and desert their wife by pronouncing the word TALAQ thrice. This sort of empowerment in the hands of married men of the Muslim community can be traced back to a 1400 year old custom which was followed very rigorously and with the passage of time the same has been coupled with technology and it is quite a scene to be open to, that these men are using the same over facebook, watsapp, snapchat, viber, emails etc just to name a few. With the advent of time and INDIA standing up on its 70th year of Independence was in the clutches of this CUSTOMARY element which makes the women completely powerless and inferior tin comparison to men. The Supreme court while imposing a BAN on this also stated that many other countries in the world have been able to put a nail on this CUSTOM then why can't INDEPENDENT INDIA get rid of it. The five judge bench of the APEX COURT comprising of Justice Khehar who goes so far as to say that personal laws are inseparable from the right of religion but then goes on to direct the legislature to enact laws to do away with triple talaq. The second judge Justice Joseph said that "What is good in theology is GOOD IN LAW, but TRIPLE TALAQ is contrary to QUARAN and also to SHARIAT, is BAD IN LAW" The third judge Justice Nariman, "Exercise of TRIPLE TALAQ is arbitrary and since it is practiced under the SHARIAT ACT of 1937, which is a statutory law and the practice of such arbitrary actions is CONTRARY to the Constitution. However, the entire court in its wisdom decided to exclude themselves from the question of "Whether personal laws can be questioned on the basis of human and fundamental rights". The said judgement empowers the married women of the Muslim community to stand at par with the married men of the same community. In a country like INDIA the said judgment CANNOT be compared LESS than a REVOLUTION as because this is a result of the outcome of the struggle for ages and the same had been challenged in the Privy council. The said judgment also goes an extra mile to convey the message that NEW INDIA does not want to stay in the clutches of old ridiculous customs and they have the zeal to get the wrongs corrected. By this advent they have also answered the question, "CAN A SINGLE PERSON MAKE A DIFFERENCE"................... It is pertinent to take note that the movement was NOT BY 1 SINGLE PERSON but if we look at the ratio of the women who had raised their voice against this custom as compared with the No of such Muslim women who had faced the situations. The handful of women who raised their voice backed by the present Modi government has very clearly given a message that NEW INDIAN and NEW INDIA are the ones we should look forward to. In spite of the fact the judgment itself is a mixed bag, but it may also appeal disconnecting to some and the biggest disconnecting portion of the judgment is where some of the judges equated right to religion with personal law and they even tried to insulate regressive personal laws from challenge by rational personals of the same community. However, the most conservative opinion chose to arrive or conclude in the end that TRIPLE TALAQ was arbitrary and should be legislated. JUSTICE HAS BEEN SERVED.
Posted On : August 28, 2017
TRIPLE TALAQ - Permanent Ban by Supreme Court
Written By : Vedant Lakhotia
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Hi, The Parliament of India declared the practice of Triple Talaq illegal and unconstitutional, and made it a punishable act from 1 August 2019 which is deemed to be in effect from 19 September 2018 and also it was signed by the President on 31st July 2019.
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Dear Client, To address a false complaint or an FIR filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. The Sec.482 Cr. PC empowers the High Court to quash the FIR/criminal proceedings initiated before the trial Court against the accused. It is essential to prove to the court that the criminal suit was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for Quashing of criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition. In the Shayara Bano case (2017), the Supreme Court in a landmark 3-2 verdict, had struck down instant triple talaq declaring the practice or custom of triple talaq as unconstitutional. The court established a legal prohibition on Triple Talaq, with the enactment of the Muslim Women (Protection of Rights on Marriage) Act in 2019 and as per Section 4 of the said Act, any Muslim husband who pronounces talaq referred to in Section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. For cancellation of LOC(Look Out Circular), a person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. You can approach High court under section 482 Cr.P.C if the LOC is issued by trial court in arbitrary manner;
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Dear Client I am also surprised that the Police has accepted the complaint against the family of the husband whereas ideally the husband should be booked under the law so called instant triple talaq. Let the police file the chargesheet in the court then a good lawyer will be able to defend properly.
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hi sir, please elaborate as to why did she leave your house and on what grounds RCR was given by the court to help you in a better way. however, in any form of divorce, be it talaq e hasan, reasonable amount of maintenance is to be given.
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Court dawara treepale talak ko puri trah se ban kar diya hai. Aap apne husband or sasural walo ke khilaf police me complaint file kare. Aap domestic violence ke liye bhi case bhi file kar sakte hai. And cruelty ke liye bhi case file kar sakte hai. Kisi ko talak dene ke liye mana nhi kiya jaa sakta hai. Ki vah aap ko talak na de.
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